Design and Building Practitioners Regulation 2020

New South Wales

Design and Building Practitioners Regulation 2020under the

Design and Building Practitioners Act 2020

public consultation draft

[The following enacting formula will be included if this Regulation is made—]Her Excellency the Governor, with the advice of the Executive Council, has made the followingRegulation under the Design and Building Practitioners Act 2020.

Minister for Better Regulation and Innovation

Explanatory noteThe object of this Regulation is to provide for the following—(a) the registration of design practitioners, principal design practitioners, building practitioners and

professional engineers (the practitioners),(b) the form and content of certain regulated designs and compliance declarations,(c) provision of regulated designs and compliance declarations to the Secretary of the Department of

Customer Service,(d) exclusions to building work and professional engineering work,(e) the insurance required to indemnify registered practitioners,(f) the recognition of professional bodies of engineers and the body’s requirements for a recognition or

registration scheme,(g) matters to be included on the register of registrations of practitioners,(h) the classes of registration for practitioners and the qualifications, experience, knowledge and skills

required for registration in a class of practitioner,(i) continuing professional development requirements for registered practitioners,(j) the code of practice for registered practitioners,(k) record keeping,(l) the offences for which penalty notices may be issued.This Regulation is made under the Design and Building Practitioners Act 2020, including sections 4 (thedefinition of building work), 5(2), 8(1) (definition of design compliance declaration), 8(2) (definition ofprincipal compliance declaration), 8(3), 11(2), 12(2), 14(2), 15(2), 16(3), 17(2), 17(6) (definition ofrequired document), 20(1) and (2), 24(2) and (4), 31(2) (paragraph (b) of the definition of professionalengineering work), 32(3) (paragraph (f) of the definition of prescribed area of engineering), 33(2), 42,45(5), 46, 47(2), 49(1), 50(2) and (3), 51(3), 52(1), 54(2), 55(2), 60, 64, 73, 94(2) and (6) (paragraph (b) of

s2020-295.d14 17 November 2020


Design and Building Practitioners Regulation 2020 [NSW]Explanatory note

the definition of penalty notice officer), 98(1), 104(1) and (7) (paragraph (c) of the definition of relevantagency), 105(1) and 107 (the general regulation-making power) and Schedule 1, clauses 1 and 3.

Page 2

ContentsPage


Design and Building Practitioners Regulation 2020 [NSW]Contents

Part 1 Preliminary1 Name of Regulation 72 Commencement 73 Definitions 7

Part 2 Regulated designs and types of workDivision 1 Requirements relating to regulated designs

4 Application of Division 85 Form and content of regulated designs involving performance solutions 86 Content of regulated designs involving fire resisting building elements 8

Division 2 Requirements relating to compliance declarations7 Form and content of design compliance declarations generally 98 Further applicable requirements for design compliance declarations 99 Further matters to be included in design compliance declarations 9

10 Content of principal compliance declarations provided before commencement of building work 9

11 Form of principal compliance declarations and building compliance declarations 10

Division 3 Building work12 Prescribed classes or types of building—building work 1013 Certain work excluded from being building work 10

Division 4 Professional engineering work14 Certain work is excluded from being professional engineering work 1115 Further areas of engineering 11

Part 3 Requirements for designs and building workDivision 1 Lodgment of designs and compliance declarations16 Lodgment on NSW planning portal before building work commences 1217 Lodgment on NSW planning portal after building work commences 1218 Lodgment on NSW planning portal before issue of occupation

certificate 1319 Lodgment on NSW planning portal after issue of occupation certificate 13

Division 2 Requirements relating to principal design practitioners20 Circumstances in which principal compliance declaration must be

provided 1321 Exemption from certain requirements relating to work 14

Division 3 Requirements relating to building practitioners22 Notice of building work commencing must be given 1423 Notice of building compliance declaration must be given 1424 Time within which notice of application for occupation certificate must

be provided 14

Page 3



Page

25 Further circumstances in which building compliance declaration must be provided 14

26 Variations after building work commences 1527 Access to documents in relation to varied designs 15

Part 4 Registration of practitionersDivision 1 Applications for registration28 Time within which notice of decision must be provided 1629 Grounds for finding that person is not suitable person to carry out

work 1630 Recognised training for registration 17

Division 2 Conditions of registration31 Prescribed conditions for registered practitioners 1732 Additional conditions for certain registered or recognised professional

engineers 17

Division 3 Miscellaneous33 Grounds for variation, suspension or cancellation of registration 1834 Grounds for taking disciplinary action 1835 Registered practitioners to provide information to Secretary 1836 Registered practitioners to notify Secretary of certain events 1837 Transition of certain recognised or registered professional engineers 18

Part 5 Recognition of professional bodies of engineersDivision 1 Preliminary38 Recognition of professional engineering bodies 2039 Requirements for professional bodies of engineers 20

Division 2 Applications for recognition40 Application for recognition 2041 Determination of applications 2142 Duration of recognition 2143 Revocation of recognition 21

Division 3 Requirements for recognition or registration scheme44 Processes under recognition or registration scheme 2145 Requirements for continuing professional development audit program 2246 Public website must be maintained 2347 Insurance requirements under recognition or registration scheme 2448 Duties of recognised engineering body under recognition or registration

scheme 2449 Record keeping under recognition or registration scheme 2450 Transition strategy if recognition of recognised engineering body is

revoked 2551 Transition strategy must address certain matters 25

Page 4



Page

Division 4 Miscellaneous52 Transition of recognised or registered professional engineers under

scheme 25

Part 6 InsuranceDivision 1 Preliminary53 Definitions 26

Division 2 Insurance for design and principal design practitioners54 Professional indemnity policy required for registered design practitioners 2655 Professional indemnity policy required for registered principal design

practitioners 2656 Individual policies extend to all liability 2757 Partnership policies extend to all liability 2758 Corporate policies to extend to all liability 27

Division 3 Insurance for professional engineers59 Registered professional engineers must meet insurance requirements 2760 Approved arrangements for professional engineers 2861 Professional indemnity policies for professional engineers 2862 Individual policies extend to all liability 2863 Partnership policies extend to all liability 2864 Corporate policies to extend to all liability 28

Division 4 Insurance for building practitioners65 Registered building practitioners must meet insurance requirements 2966 Registered building practitioners may be exempt from insurance

requirements 29

Division 5 Adequacy of cover67 Certain registered practitioners to determine adequate coverage of

policy 2968 Practitioners must keep records relating to adequacy of policy 3069 Matters occurring after expiry date of policy 3070 Policy may be subject to limit of indemnity 3071 Policy may be subject to exceptions or exclusions 30

Division 6 Miscellaneous72 Secretary may require information about insurance policies 30

Part 7 Record keeping73 Record keeping generally 3274 Record keeping for all prescribed practitioners 3275 Record keeping for design practitioners 3276 Record keeping for principal design practitioners 3377 Record keeping for building practitioners 33

Page 5



Page

Part 8 MiscellaneousDivision 1 General78 Register of registered practitioners 3479 Appointment of authorised officers 3580 Penalty notice officers 3581 Exchange of information 3582 Savings and transitional—insurance for registered building practitioners 3683 Savings and transitional—qualifications for design practitioners—fire

systems classes 3684 Savings and transitional—application of Act to work done under

existing arrangements 37

Division 2 Savings and transitional—deemed registration85 Definitions 3786 Application of Division 3787 Certain practitioners taken to hold deemed registration 3788 Secretary may permit or cancel deemed registration 3889 Duration of deemed registration 3890 Evidence of deemed registration 38

Schedule 1 Classes of registration 39Schedule 2 Qualifications, experience, knowledge and skills 45Schedule 3 Continuing professional development 65Schedule 4 Code of practice 67Schedule 5 Penalty notice offences 72Schedule 6 Forms 74

Dictionary 77

Page 6

Design and Building Practitioners Regulation 2020under the

Design and Building Practitioners Act 2020


Design and Building Practitioners Regulation 2020 [NSW]Part 1 Preliminary

Part 1 Preliminary1 Name of Regulation

This Regulation is the Design and Building Practitioners Regulation 2020.

2 CommencementThis Regulation commences on 1 July 2021 and is required to be published on theNSW legislation website.

3 DefinitionsThe Dictionary to this Regulation defines certain terms used in this Regulation.Note— The Act and the Interpretation Act 1987 contain definitions and other provisions thataffect the interpretation and application of this Regulation.

Page 7


Design and Building Practitioners Regulation 2020 [NSW]Part 2 Regulated designs and types of work

Part 2 Regulated designs and types of workDivision 1 Requirements relating to regulated designs

4 Application of DivisionThis Division applies to a regulated design for which a compliance declaration isrequired to be provided under the Act and this Regulation.Note— Section 5(3) of the Act provides that the Minister may, by order, specify particulars thatare additional to those prescribed by this Regulation for regulated designs.

5 Form and content of regulated designs involving performance solutions(1) For the purposes of section 5(2) of the Act, a regulated design that is prepared for a

performance solution for building work, including a building element, must be in theform of a report that includes the following—(a) any relevant plans that show, or specifications that describe, the physical

elements of the performance solution,(b) if no plans or specifications are included—a description of the physical

elements of the performance solution,(c) a description and justification of the performance solution, including—

(i) the acceptance criteria and parameters on which the justification isbased, and

(ii) restrictions or conditions of the performance solution,(d) a statement that the performance solution complies with the relevant

performance requirements of the Building Code of Australia,(e) a copy of the brief on which the justification of the performance solution is

based,(f) information that identifies the deemed-to-satisfy provisions of the Building

Code of Australia being varied, where relevant.(2) In this clause—

deemed-to-satisfy provisions has the same meaning as in the Building Code ofAustralia.

6 Content of regulated designs involving fire resisting building elements(1) For the purposes of section 5(2) of the Act, a fire resisting regulated design must

include a statement in the specification for the design explaining how a penetrationto a building element will be managed to—(a) protect the building element from fire, and(b) ensure that the fire performance of the building element is not affected.Note— The Building Code of Australia specifies requirements for when a service thatpenetrates a building element must have a particular fire-resistance level, and otherrequirements for service penetrations.

(2) In this clause—fire resisting regulated design means a regulated design that includes—(a) a building element that is required to have a fire-resistance level under the

Building Code of Australia, or(b) a floor or ceiling that is required to have resistance to the incipient spread of

fire under the Building Code of Australia.

Page 8



Division 2 Requirements relating to compliance declarations7 Form and content of design compliance declarations generally

For the purposes of section 8(1) of the Act, a design compliance declaration must bemade in the form specified in Schedule 6, Form 1.

8 Further applicable requirements for design compliance declarationsFor the purposes of section 8(1)(b) of the Act, it is an applicable requirement that aregulated design, as is reasonably practicable, integrates details of the following inorder to achieve compliance with the Building Code of Australia—(a) other aspects of building work to which the design relates,(b) other regulated designs for the work, including designs prepared by other

registered design practitioners for building work.

9 Further matters to be included in design compliance declarations(1) For the purposes of section 8(1)(d) of the Act, a design compliance declaration must

include the following matters—(a) whether or not the matters to which the declaration relates are within the

registered design practitioner’s competence and expertise,(b) whether or not the class of registration of the registered design practitioner

authorises the practitioner to prepare the class of design for which thedeclaration is being made,

(c) whether or not any building product referred to in the design would, if used ina manner consistent with the design, achieve compliance with the BuildingCode of Australia,

(d) whether or not specialist advice was sought and considered in preparing thedesign.

(2) In this clause—building product includes a material or other thing that is, or could be, used in abuilding.

10 Content of principal compliance declarations provided before commencement of building work(1) For the purposes of section 107(5) of the Act, a registered principal design

practitioner is exempt from the requirement to include the matters referred to insection 8(2)(a) and (b) of the Act in a principal compliance declaration if—(a) the practitioner is providing the compliance declaration in accordance with

clause 20(a), and(b) the practitioner complies with this clause.Note— Clause 20 sets out the circumstances in which a registered principal designpractitioner is required to provide a principal compliance declaration.

(2) For the purposes of section 8(2) of the Act, a registered principal design practitionerwho is exempt from the requirement to include the matters referred to in section8(2)(a) and (b) of the Act in a principal compliance declaration must ensure thedeclaration includes the following matters—(a) whether or not a design compliance declaration has been provided in

accordance with the Act for each construction issued regulated designprepared for the building work, and

(b) whether or not each design compliance declaration for the designs referred toin paragraph (a) has been provided by a registered design practitioner whose

Page 9



registration authorises the practitioner to provide a declaration as to thematters to which the declaration relates.

11 Form of principal compliance declarations and building compliance declarations(1) For the purposes of section 8(2) of the Act, a principal compliance declaration must

be made in the form specified on the NSW planning portal.(2) For the purposes of section 8(3) of the Act, a building compliance declaration must

be made in the form specified on the NSW planning portal.

Division 3 Building work12 Prescribed classes or types of building—building work

For the purposes of the definition of building work in section 4(1) of the Act, thefollowing class or type of building is prescribed—(a) a class 2 building,(b) a building that contains a class 2 part.

13 Certain work excluded from being building work(1) For the purposes of the definition of building work in section 4(1) and (2)(b) of the

Act, the following work is excluded from being building work—(a) work that comprises exempt development within the meaning of the

Environmental Planning and Assessment Act 1979, including waterproofing,but only if the waterproofing is carried out on a sole-occupancy unit,

(b) work that is carried out in compliance with a development control order withinthe meaning of the Environmental Planning and Assessment Act 1979,

(c) work that is exempted by—(i) a registered certifier from a specified provision of the Building Code of

Australia in accordance with the Environmental Planning andAssessment Regulation 2000, clause 164B, or

(ii) a consent authority or a registered certifier from a specified provision ofthe Building Code of Australia in accordance with the EnvironmentalPlanning and Assessment Regulation 2000, clause 187, or

(iii) the Fire Commissioner from a specified Category 3 fire safety provisionin accordance with the Environmental Planning and AssessmentRegulation 2000, clause 188,

(d) work that is the repair, renovation or protective treatment of a fire safetysystem for the purposes of maintaining a component of the fire safety system,except a load-bearing component that is essential to the stability of a building,

(e) work that is the repair, renovation or protective treatment of a building, butonly if the work involves a mechanical, plumbing or electrical service and iscarried out for the purposes of maintaining a component of a system in thebuilding,

(f) work that is excluded from being residential building work in the HomeBuilding Act 1989, Schedule 1, clause 2(3)(a), as if a reference to residentialbuilding work in that Act is a reference to building work.

(2) The work referred to in subclause (1)(d) is not excluded from being building workif—(a) the maintenance is carried out on a component of a fire safety system, and(b) the maintenance comprises the replacement of the component, and

Page 10



(c) that component is an entire system.Example— If a fire safety system is comprised of components, including a mechanical ductedsmoke control system and fire rated doors, the replacement of the mechanical ducted systemcomponent is not excluded from being building work because that work would constitute thereplacement of a component that is an entire system.

(3) In this clause—Category 3 fire safety provision and Fire Commissioner have the same meanings asin the Environmental Planning and Assessment Regulation 2000.consent authority and registered certifier have the same meanings as in theEnvironmental Planning and Assessment Act 1979.

Division 4 Professional engineering work14 Certain work is excluded from being professional engineering work

(1) For the purposes of section 31(2)(b) of the Act, engineering work is not professionalengineering work unless the work is carried out for the purposes of designing orconstructing—(a) a class 2 building, or(b) a building that contains a class 2 part.

(2) In this clause—constructing includes—(a) the making of alterations or additions to a building, and(b) the repair, renovation or protective treatment of a building.

15 Further areas of engineeringFor the purposes of paragraph (f) of the definition of prescribed area of engineeringin section 32(3) of the Act, geotechnical engineering is prescribed.

Page 11


Design and Building Practitioners Regulation 2020 [NSW]Part 3 Requirements for designs and building work

Part 3 Requirements for designs and building workDivision 1 Lodgment of designs and compliance declarations16 Lodgment on NSW planning portal before building work commences

(1) For the purposes of section 107(2)(e) of the Act, a registered building practitionermust provide the following documents to the Secretary in the approved manner—(a) a copy of each construction issued regulated design for building work,(b) a copy of each design compliance declaration, made by a suitably authorised

registered design practitioner, for the construction issued regulated design,(c) if a registered principal design practitioner is appointed for building work—a

principal compliance declaration, made by a suitably authorised registeredprincipal design practitioner, for the construction issued regulated designs.

(2) The documents must be provided before the building work to which the documentsrelate is commenced.Maximum penalty—200 penalty units for a body corporate or 100 penalty units foran individual.

(3) A registered building practitioner may satisfy the practitioner’s obligation to providedocuments under this clause if—(a) the practitioner gives written authorisation for the documents to be provided

on the practitioner’s behalf by a registered principal design practitioner or aregistered design practitioner in connection with the building work, and

(b) the practitioner who is authorised provides the documents to the Secretary inaccordance with this clause.

(4) However, a registered design practitioner may satisfy a registered buildingpractitioner’s obligation under subclause (3) only if a registered principal designpractitioner is not appointed for the work to which the documents relate.

17 Lodgment on NSW planning portal after building work commences(1) For the purposes of section 107(2)(e) of the Act, a registered building practitioner

must provide the following documents to the Secretary in the approved manner—(a) a copy of each design compliance declaration given under section 9(3)(b) of

the Act for a varied regulated design,(b) a copy of the varied regulated design,(c) a copy of each design compliance declaration obtained under section 20(3) of

the Act for a new building element or performance solution,(d) a copy of the regulated design for the new building element or performance

solution.(2) The documents must be provided no later than 1 day after the variation to building

work to which the documents relate is commenced by a building practitioner.Maximum penalty—200 penalty units for a body corporate or 100 penalty units foran individual.

(3) A registered building practitioner may satisfy the practitioner’s obligation to providedocuments under this clause if—(a) the practitioner gives written authorisation for the documents to be provided

on the practitioner’s behalf by a registered principal design practitioner or aregistered design practitioner in connection with the building work, and

Page 12



(b) the practitioner who is authorised provides the documents to the Secretary inaccordance with this clause.

(4) However, a registered design practitioner may satisfy a registered buildingpractitioner’s obligation under subclause (3) only if a registered principal designpractitioner is not appointed for the work to which the documents relate.

18 Lodgment on NSW planning portal before issue of occupation certificate(1) For the purposes of section 17(2) of the Act, a registered building practitioner must

provide a building compliance declaration, contractor document and other requireddocuments (the lodgment documents) to the Secretary—(a) before an application is made for an occupation certificate for a building to

which building work relates, and(b) in the approved manner.

(2) If a principal certifier who is responsible for issuing the occupation certificate undersubclause (1) refuses to do so because of any instance of non-compliance, theregistered building practitioner must provide the lodgment documents to theSecretary—(a) before a subsequent application for an occupation certificate is made, and(b) in the approved manner.Note— Section 27 of the Act provides that a principal certifier who is responsible for issuingan occupation certificate for building work must consider instances of non-compliancespecified in the compliance declarations provided to the certifier when deciding whether toissue the certificate.

(3) For the purposes of the definition of required document in section 17(6) of the Act,the following documents are prescribed as documents that are required to accompanya building compliance declaration—(a) a copy of each variation statement that is required for building work,(b) a copy of each regulated design that contains additional details not reflected in

the construction issued regulated design required to be provided to theSecretary under clause 16, but only if the additional details do not cause thebuilding work to which the design relates to be varied,

(c) if a principal design practitioner is appointed for building work, the principalcompliance declaration for all regulated designs from a registered principaldesign practitioner whose registration authorises the practitioner to provide adeclaration as to the matters to which the declaration relates.

19 Lodgment on NSW planning portal after issue of occupation certificateFor the purposes of section 15(2) of the Act, a building practitioner who doesbuilding work must provide the Secretary with the relevant documents in theapproved manner.

Division 2 Requirements relating to principal design practitioners20 Circumstances in which principal compliance declaration must be provided

For the purposes of section 12(2) of the Act, a registered principal design practitionerappointed in relation to building work must provide a principal compliancedeclaration to the registered building practitioner for the building work—(a) for a construction issued regulated design for building work, before the date

specified in the notice given by a registered building practitioner for the workunder clause 22, and

Page 13



(b) for a regulated design for building work other than a construction issuedregulated design, before the date specified in the notice given by a registeredbuilding practitioner for the work under clause 23.

21 Exemption from certain requirements relating to workFor the purposes of section 107(5) of the Act, a registered principal designpractitioner appointed in relation to building work must comply with therequirements for work set out in section 12(1) of the Act only in circumstances wherethe practitioner is required to provide a principal compliance declaration to anotherperson under the Act and this Regulation.

Division 3 Requirements relating to building practitioners22 Notice of building work commencing must be given

For the purposes of section 107(2)(f) of the Act, a registered building practitioner inrelation to building work must, at least 14 days before the building work commences,give written notice to a registered principal design practitioner appointed in relationto the work of the date on which the work is proposed to commence.Maximum penalty—200 penalty units for a body corporate or 100 penalty units foran individual.

23 Notice of building compliance declaration must be givenFor the purposes of section 107(2)(f) of the Act, a registered building practitionermust, at least 14 days before making a building compliance declaration in relation tobuilding work, give written notice to a registered principal design practitionerappointed in relation to the work of the date on which the building practitionerproposes to make the declaration.Maximum penalty—200 penalty units for a body corporate or 100 penalty units foran individual.

24 Time within which notice of application for occupation certificate must be provided(1) For the purposes of section 16(3) of the Act—

(a) the notice under section 16(1) of the Act must be given at least 14 days beforethe application for an occupation certificate is made, and

(b) the notice under section 16(2) of the Act must be given within 7 days after theapplication for an occupation certificate is made.

(2) If a person who is required to give notice under section 16(1) or (2) of the Act is aregistered building practitioner who did building work on a building that is thesubject of an application for an occupation certificate, the person is to give the noticeto any other registered building practitioner who did work on the building.

25 Further circumstances in which building compliance declaration must be provided(1) For the purposes of section 17(2) of the Act, a registered building practitioner who

carries out building work must provide a building compliance declaration, contractordocument and other required documents to the Secretary in the approved manner nolater than 90 days after the occupation certificate is issued for a building to which thework relates.

(2) Subclause (1) applies only if the contractor document or other required documentsare modified after the documents are first provided to the Secretary in accordancewith clause 18.

Page 14



26 Variations after building work commences(1) For the purposes of section 20(1) of the Act, if building work is varied from a

regulated design for the work after the commencement of the work, the buildingpractitioner must record the following information in a document (a variationstatement)—(a) the type and purpose of the variation,(b) the part of the building to which the variation relates,(c) an explanation of how the variation meets the requirements of the Building

Code of Australia, including a list of the applicable provisions of the Code,(d) a list of the other standards or codes that have been applied in carrying out the

work to which the variation relates.(2) However, subclause (1) does not apply to building work that relates to a building

element or performance solution.

27 Access to documents in relation to varied designs(1) For the purposes of section 20(2)(b) and (3)(b) of the Act, a registered design

practitioner may have access to the documents referred to in that section by—(a) inspecting the documents at a specified place and time in accordance with

subclause (2), or(b) obtaining copies of the documents from the NSW planning portal.

(2) For the purposes of subclause (1)(a)—(a) the building practitioner must give written notice to the registered design

practitioner requesting the design practitioner to attend at a specified place andtime to access the documents, and

(b) the place and time at which the design practitioner may be requested to attendis to be a place and time nominated by the building practitioner that isreasonable in the circumstances.

Page 15


Design and Building Practitioners Regulation 2020 [NSW]Part 4 Registration of practitioners

Part 4 Registration of practitionersDivision 1 Applications for registration28 Time within which notice of decision must be provided

(1) For the purposes of section 45(5) of the Act, the Secretary is taken to have refused togrant registration as a practitioner to an applicant if the Secretary fails to give theapplicant notice of the Secretary’s decision within 28 days after the application ismade.

(2) In calculating a period for the purposes of subclause (1), any period from the day onwhich the Secretary makes a written request for further information from theapplicant until the day on which the information is provided or the applicant refusesto provide the information is not to be included.

(3) Subclause (1) does not prevent the Secretary from continuing to deal with anapplication after the expiry of that period.

29 Grounds for finding that person is not suitable person to carry out work(1) For the purposes of section 46(e) of the Act, the Secretary may form an opinion that

a person is not a suitable person to carry out work for which the person is seekingregistration or is registered in one or more of the following circumstances—(a) the person has been convicted of a relevant offence within the previous 10

years,(b) the person is not a fit and proper person to carry out the work,(c) the Secretary has requested the applicant for registration to provide additional

information necessary for the Secretary to determine the application and theapplicant fails to provide the information within the reasonable time specifiedby the Secretary,

(d) the person is disqualified from holding a relevant authorisation,(e) a relevant authorisation of the person has been suspended or cancelled,

whether at the time of application or another time, other than at the person’srequest,

(f) if the person is applying for registration as a professional engineer by way ofpathway 3 in Schedule 2, clause 23(3) and Schedule 2, clauses 24(3), 25(3),26(5), 27(3), 28(3) or 29(3)—the person does not have adequatequalifications, knowledge or skills required for the carrying out of professionalengineering work despite satisfying the requirements under that pathway.

(2) In this clause—person, for subclause (1)(a) and (b), includes a director of a body corporate if theperson is a body corporate.relevant offence means the following offences, whether committed in this or anotherAustralian jurisdiction—(a) an offence in relation to the carrying out of work under a relevant authorisation

or an equivalent authorisation, including an offence in relation to the carryingout of work without a relevant or equivalent authorisation that is required forthe work,

(b) an offence in relation to a failure to comply with a condition of registration oran equivalent authorisation,

(c) an offence involving fraud or dishonesty.

Page 16



30 Recognised training for registration(1) For the purposes of section 107(2)(a) of the Act, the Secretary may require an

applicant for registration as a practitioner to have successfully completed recognisedtraining.

(2) Training is recognised training for the purposes of this clause if—(a) the training is recognised by the Secretary, and(b) the training is conducted in accordance with conditions of the recognition.

(3) A person may apply in writing to the Secretary for training to be recognised by theSecretary.

(4) The Secretary may, by written notice, recognise the training or refuse to recognisethe training.

(5) The recognition may be unconditional or subject to conditions.(6) The Secretary may vary, suspend or revoke a recognition by written notice to the

person.(7) Completion of recognised training under this clause does not replace the need for the

applicant to have the qualifications, experience, knowledge and skills required bySchedule 2.

Division 2 Conditions of registration31 Prescribed conditions for registered practitioners

(1) For the purposes of section 49(1)(a) of the Act, it is a condition of registration that aregistered practitioner must surrender the registered practitioner’s certificate ofregistration, if in a form otherwise than electronic, to the Secretary within 14 daysafter receiving written notice from the Secretary of the following—(a) a condition of registration being varied,(b) a new condition of registration being imposed.

(2) For the purposes of section 49(1)(a) of the Act, it is a condition of registration that aregistered practitioner must continue to hold a class of registration or licence that wasrequired to satisfy the qualification requirements for the class of registration underSchedule 2 in which the practitioner is registered.

(3) For the purposes of section 50(2) of the Act, it is a condition of registration as apractitioner that the registered practitioner must comply with the code of practice—(a) for a prescribed practitioner—set out in Schedule 4, Part 2, Division 1, or(b) for a registered professional engineer—set out in Schedule 4, Part 2, Division

2.

32 Additional conditions for certain registered or recognised professional engineers(1) For the purposes of section 50(3) of the Act, it is a condition of registration as a

professional engineer who is recognised or registered under a recognised engineeringbody’s recognition or registration scheme that the engineer must continue to hold thatrecognition or registration while the engineer is registered under the Act.

(2) For the purposes of section 50(3) of the Act, it is a condition of registration as aprofessional engineer who is recognised or registered by a professional body ofengineers that operates with a professional standards scheme that the engineer mustcontinue to hold that recognition or registration while the engineer is registered underthe Act.

Page 17



(3) Subclauses (1) and (2) do not apply if—(a) for subclause (1), the recognised engineering body no longer provides for the

recognition or registration of professional engineers, or(b) for subclause (2), the professional body of engineers no longer operates with

a professional standards scheme.

Division 3 Miscellaneous33 Grounds for variation, suspension or cancellation of registration

For the purposes of section 52(1)(h) of the Act, the Secretary may, by written noticegiven to a practitioner, vary the practitioner’s registration if—(a) the practitioner has applied for the registration to be varied, or(b) the practitioner has applied for a condition of the registration to be varied.

34 Grounds for taking disciplinary actionFor the purposes of section 64(h) of the Act, the Secretary may take disciplinaryaction against a registered practitioner on one or more of the following grounds—(a) the registered practitioner has failed to comply with a direction under Part 7 of

the Act,(b) the registered practitioner has intentionally or recklessly misled or obstructed

the Secretary or an authorised officer in the exercise of a function under theAct,

(c) the registered practitioner has provided a compliance declaration in a partialmanner.

35 Registered practitioners to provide information to Secretary(1) For the purposes of section 51(3) of the Act, the Secretary may request information

to be provided periodically or within a specified time after specified occurrences.(2) Without limiting the type of information that may be requested by the Secretary

under section 51 of the Act, the Secretary may request a record required to be keptunder Part 7 of this Regulation to be provided to the Secretary.

36 Registered practitioners to notify Secretary of certain eventsFor the purposes of section 60(h) of the Act, a registered practitioner must givewritten notice to the Secretary of the following events within 7 days after becomingaware of the event—(a) disciplinary proceedings being commenced against the registered practitioner

in the person’s capacity as the holder or former holder of a relevantauthorisation,

(b) disciplinary proceedings being commenced against the registered practitionerin another Australian jurisdiction by a government agency or a body thatissues an equivalent authorisation in relation to the carrying out of workauthorised to be carried out under the authorisation,

(c) if the registered practitioner is required to be covered by insurance—theregistered practitioner no longer being covered by insurance.

37 Transition of certain recognised or registered professional engineers(1) If a professional body of engineers that operates with a professional standards

scheme no longer provides for the recognition or registration of professionalengineers in accordance with the requirements of the scheme, a professional engineer

Page 18



who was recognised or registered by the body is taken to continue to be registeredunder the Act (a prescribed engineer).

(2) A prescribed engineer must continue to comply with the insurance and continuingprofessional development requirements that were imposed by the body, as if the bodywas continuing to operate in accordance with the professional standards scheme,until the date on which the prescribed engineer’s registration is due to expire or berenewed.

Page 19


Design and Building Practitioners Regulation 2020 [NSW]Part 5 Recognition of professional bodies of engineers

Part 5 Recognition of professional bodies of engineersDivision 1 Preliminary38 Recognition of professional engineering bodies

(1) For the purposes of sections 54(2)(c) and 55(2)(a)(v) of the Act, this Part sets out—(a) the additional requirements that must be met by a professional body of

engineers in order for the body to be recognised by the Secretary as arecognised engineering body, and

(b) the requirements that a professional body of engineers’ recognition orregistration scheme must meet (a recognition or registration scheme), and

(c) the application process that a professional body of engineers must follow inorder to be recognised by the Secretary as a recognised engineering body.

(2) A reference to a recognised engineering body, in relation to a body recognising orregistering a professional engineer (the recognition function), includes a referenceto a body corporate recognised by the Secretary to exercise the recognition functionof a recognised engineering body only if the body is approved to exercise thatfunction.

39 Requirements for professional bodies of engineersA professional body of engineers must meet the following requirements before thebody is able to register or recognise professional engineers—(a) the body must require, assess and certify qualifications, experience,

knowledge, skills or the continuing professional development of professionalengineers in a prescribed area of engineering,

(b) the body must assess insurance requirements of professional engineers,(c) for professional engineers who are recognised or registered as professional

engineers by the recognised engineering body, the body must—(i) ensure that a professional engineer complies with the requirements of

the professional engineer’s recognition or registration, and(ii) investigate possible failures by a professional engineer to comply with

the requirements, and(iii) exercise disciplinary functions where a failure to comply is found,

including, if necessary, by suspending or cancelling a professionalengineer’s recognition or registration under the recognition orregistration scheme.

Division 2 Applications for recognition40 Application for recognition

(1) A body corporate may apply to the Secretary for a grant of recognition as arecognised engineering body.

(2) The application must—(a) be in a form approved by the Secretary, and(b) set out the applicant’s recognition or registration scheme, and(c) include or be accompanied by information or evidence that the Secretary

reasonably requires to assess the application.

Page 20



(3) If the Secretary considers it necessary to do so, the Secretary may require furtherdocuments or information to be provided by the applicant to satisfy the Secretary ofthe matters set out in section 55(2) of the Act.

41 Determination of applications(1) The Secretary may grant or refuse an application for recognition as a recognised

engineering body.(2) The Secretary is to give the applicant written notice of a decision to grant or refuse

recognition.(3) If the Secretary fails to give an applicant for recognition notice of a decision to grant

or refuse recognition within 60 days after the application is made, the Secretary istaken to have refused to grant recognition.

(4) In calculating a period for the purposes of subclause (3), any period from the day onwhich the Secretary makes a written request for further information from theapplicant until the day on which the information is provided or the applicant refusesto provide the information is not to be included.

(5) Subclause (3) does not prevent the Secretary from continuing to deal with anapplication after the expiry of that period.

42 Duration of recognitionRecognition remains in force for the period, not exceeding 5 years, specified by theSecretary in the notice by which recognition is granted, unless sooner revoked.

43 Revocation of recognition(1) The Secretary may revoke recognition as a recognised engineering body on the

following grounds—(a) the Secretary is no longer satisfied that the recognised engineering body or the

recognised engineering body’s recognition or registration scheme meets therequirements set out in section 55 of the Act,

(b) the recognised engineering body has applied for the recognition to be revoked.(2) For the purposes of subclause (1)(a), the Secretary must give written notice to a

recognised engineering body of the Secretary’s intention to revoke recognition.(3) In making a decision about whether or not to revoke recognition, the Secretary must

take into account any written submissions made to the Secretary by the recognisedengineering body.

(4) If the Secretary decides to revoke recognition, the Secretary must give the recognisedengineering body written notice of the decision including—(a) the date or time from which the revocation takes effect, and(b) the reasons for the revocation.

Division 3 Requirements for recognition or registration scheme44 Processes under recognition or registration scheme

(1) A recognition or registration scheme must provide for the following—(a) a process for the receipt, assessment and determination of applications for

recognition or registration of professional engineers under the scheme,including—(i) a process for notifying the Secretary of any applications refused by a

recognised engineering body, and

Page 21



(ii) objective assessment criteria, including the qualifications, experience,knowledge, skills and continuing professional developmentrequirements that an applicant must meet in order to be recognised orregistered as a professional engineer under the scheme, and

(iii) the manner in which the competence of applicants will be assessed, and(iv) a process for the internal review of decisions made by the recognised

engineering body in relation to the receipt, assessment anddetermination of applications, and

(v) a process for imposing conditions on a professional engineer’srecognition or registration,

(b) a process for the recognition or registration of professional engineers that isfair, impartial, transparent and timely,

(c) a process for assessing whether a professional engineer is covered byinsurance that provides indemnity against liability to which the professionalengineer may become subject as a result of carrying out professionalengineering work,

(d) publicly accessible documentation of any fees that the recognised engineeringbody will charge and the purpose of the fees,

(e) a process for receiving and managing complaints and resolution of disputesinvolving professional engineers who are recognised or registered under thescheme,

(f) a process for taking disciplinary action against professional engineers who arerecognised or registered under the scheme, including—(i) the grounds for taking disciplinary action and the process for assessing

whether or not action needs to be taken, and(ii) the type of disciplinary action that may be taken, and

(iii) a process for the internal review of decisions made by the recognisedengineering body in relation to taking disciplinary action,

(g) a process for notifying the Secretary of—(i) disciplinary action taken against a professional engineer who is

recognised or registered under the scheme, and(ii) the suspension or cancellation of a professional engineer’s recognition

or registration under the scheme,(h) a process for identifying and managing conflicts of interest between the

recognition function of a recognised engineering body, and the functions ofthe body for any other purpose.

(2) In this clause—determination of applications includes a determination made for the purposes ofrenewing or restoring recognition or registration of a professional engineer under therecognition or registration scheme.

45 Requirements for continuing professional development audit program(1) A recognition or registration scheme must provide for an effective audit program

under section 55(2)(a)(iv) of the Act that meets the following requirements—(a) the program must be conducted at least once each year, (b) the program must ensure that audits are carried out in relation to the continuing

professional development requirements imposed under the scheme, includingthe records that are required to be kept by professional engineers underSchedule 3, clause 3,

Page 22



(c) an audit under the program must be carried out by an auditor—(i) with appropriate training and experience for the type of audit, and

(ii) who does not have a conflict of interest in relation to the audit,(d) the program must ensure that an auditor who carries out an audit on behalf of

the recognised engineering body makes a written declaration stating that theauditor does not have a conflict of interest, whether actual, perceived orotherwise, in carrying out the audit,

(e) a professional engineer who is recognised or registered under the scheme mustbe able to apply for a review of an audit under the program.

(2) A recognition or registration scheme must provide that a recognised engineeringbody must give written notice to the Secretary specifying information about thefollowing matters—(a) the results of the audit program for each year ending on 30 June in the form of

a written report, including the number of audits carried out, the names of thepersons who were audited and the outcomes of the audits,

(b) any errors identified under the program after the information in paragraph (a)is first given to the Secretary,

(c) a person refusing to comply with an audit for a period of more than 30 daysafter first being requested to do so, including the person’s name and contactdetails.

(3) Written notice must be given—(a) for subclause (2)(a), within 3 months after each year ending on 30 June, and(b) for subclause (2)(b) and (c), within 7 days after the matter first occurring.

46 Public website must be maintained(1) A recognition or registration scheme must provide for a website to be maintained that

includes the following information—(a) the process for applying to the recognised engineering body to be recognised

or registered as a professional engineer under the scheme,(b) the conditions imposed on professional engineers who are recognised or

registered under the scheme,(c) the grounds for taking disciplinary action against professional engineers who

are recognised or registered under the scheme and the type of disciplinaryaction that may be taken,

(d) a searchable register of professional engineers who are currently, or werewithin the last 10 years, recognised or registered under the scheme,including—(i) the dates of registration, renewal and expiry of recognition or

registration, and(ii) the dates of suspension or cancellation of recognition or registration,

and(iii) details of disciplinary action taken against a particular recognised or

registered professional engineer,(e) information about how a person may make a complaint about a professional

engineer who is recognised or registered under the scheme,(f) the process that will be followed by the body in relation to receiving and

managing complaints and resolution of disputes involving professionalengineers who are recognised or registered under the scheme,

Page 23



(g) other information required to be included on the website by the Secretary bywritten notice given to the body.

(2) Information required to be included on the website must—(a) be included in a prominent location, and(b) be up to date, and(c) be freely available to members of the public.

47 Insurance requirements under recognition or registration schemeA recognition or registration scheme must provide for the following insurancerequirements—(a) for the recognised engineering body—the recognised engineering body must

hold an insurance policy that, in the reasonable opinion of the body, providesan adequate level of indemnity for the liability that could be incurred by thebody in the course of the body carrying out the recognition function,

(b) for a professional engineer who is recognised or registered by a recognisedengineering body—the professional engineer satisfies the insurancerequirements imposed by the scheme.

48 Duties of recognised engineering body under recognition or registration schemeA recognition or registration scheme must provide for the recognised engineeringbody—(a) to act in the public interest in the exercise of the body’s recognition function,

and(b) to exercise the body’s recognition function independently, fairly and with

honesty and integrity, and(c) to identify and manage conflicts of interest, and(d) to ensure that the body remains informed of changes to industry practice and

legal requirements, and(e) to ensure that persons who assess applications under the scheme—

(i) are appropriately trained to perform assessments of professionalengineers, and

(ii) act in accordance with the requirements of the scheme.

49 Record keeping under recognition or registration scheme(1) A recognition or registration scheme must provide for the keeping of copies of

registration records by a recognised engineering body for a minimum of 10 years.(2) In this clause—

registration records means—(a) documents relating to the application of persons as professional engineers

under the recognition or registration scheme, including documents about theassessment of those persons, and

(b) for each person who is granted recognition or registration as a professionalengineer under the scheme, records of the following—(i) conditions imposed by the body on the person,

(ii) investigations of the person carried out by the body,(iii) complaints made about the person or referred to the body about the

person,(iv) disciplinary action taken by the body against the person,

Page 24



(v) audits conducted by the body, and(c) a document that sets out each person who has been granted recognition or

registration as a professional engineer under the scheme.

50 Transition strategy if recognition of recognised engineering body is revokedA recognition or registration scheme must provide for a strategy in relation to whatis to occur to professional engineers who are recognised or registered under thescheme if the recognised engineering body no longer provides for the recognition orregistration of those persons.

51 Transition strategy must address certain mattersA recognition or registration scheme must ensure that a strategy in relation to whatis to occur to professional engineers who are recognised or registered under thescheme if the recognised engineering body no longer provides for the recognition orregistration addresses the following—(a) how members of the public and professional engineers who are recognised or

registered under the scheme will be notified,(b) details of any transition period to be provided to professional engineers,(c) how fees will be reimbursed to professional engineers, if applicable,(d) what is to happen to records and information held by the body that relate to

professional engineers.

Division 4 Miscellaneous52 Transition of recognised or registered professional engineers under scheme

(1) If a recognised engineering body no longer provides for the recognition orregistration of professional engineers, a professional engineer who was recognised orregistered under the body’s recognition or registration scheme is taken to continue tobe registered under the Act (a prescribed engineer).

(2) A prescribed engineer must continue to comply with the insurance and continuingprofessional development requirements that were imposed by the body until the dateon which the prescribed engineer’s registration is due to expire or be renewed.

Page 25


Design and Building Practitioners Regulation 2020 [NSW]Part 6 Insurance

Part 6 InsuranceDivision 1 Preliminary53 Definitions

In this Part—design work means the provision of a design compliance declaration or thepreparation of a regulated design.insured person means the individual or body corporate to whom the professionalindemnity policy is issued.liability of a registered practitioner means liability to pay compensatory damages forbreach of professional duty as a registered practitioner arising from—(a) an act or omission of the practitioner, or(b) conduct of the practitioner that would constitute a breach of one or more of the

following provisions, or a failure by the practitioner to comply with aguarantee that applies because of one or more of the following provisions—(i) sections 18, 29 or 30, or Part 3–2, Division 1, Subdivision B of the

Australian Consumer Law of the Commonwealth,(ii) a provision of the legislation of this, or another State or Territory, that

corresponds to a provision in subparagraph (i).principal design work means the provision of a principal compliance declaration.professional indemnity policy means an insurance policy that complies with theprovisions of this Part and that indemnifies an individual, body corporate orpartnership against the liability of the registered design practitioner, registeredprincipal design practitioner or registered professional engineer covered by thepolicy.registered employee of a body corporate or partnership means an employee of thebody corporate or partnership who is a registered individual.registered individual means an individual who is a registered design practitioner,registered principal design practitioner or registered professional engineer.registered partner of a partnership means a partner in the partnership who is aregistered individual.

Division 2 Insurance for design and principal design practitioners54 Professional indemnity policy required for registered design practitioners

(1) For the purposes of section 11(2)(a) of the Act, a registered design practitioner mustbe indemnified under a professional indemnity policy that complies with thisDivision and Division 5.

(2) A registered individual who is a registered design practitioner must ensure that alldesign work carried out by the individual is indemnified under a professionalindemnity policy that complies with this Division and Division 5.

55 Professional indemnity policy required for registered principal design practitioners(1) For the purposes of section 14(2)(a) of the Act, a registered principal design

practitioner must be indemnified under a professional indemnity policy that complieswith this Division and Division 5.

(2) A registered individual who is a registered principal design practitioner must ensurethat all principal design work carried out by the individual is indemnified under aprofessional indemnity policy that complies with this Division and Division 5.

Page 26



56 Individual policies extend to all liabilityA professional indemnity policy that is issued to a registered individual who is aregistered design practitioner or registered principal design practitioner must extendthe indemnity provided to all liability of the registered individual incurred at any timesince the registered individual first became a design practitioner or principal designpractitioner.

57 Partnership policies extend to all liability(1) A professional indemnity policy that is issued to a partnership must extend to all

liability incurred by each registered design practitioner or registered principal designpractitioner who, at any time before or during the term of the policy, is a registeredpartner or registered employee of the partnership—(a) while the registered design practitioner or registered principal design

practitioner was a registered partner or a registered employee of thepartnership, and

(b) in the course of carrying out the following work on behalf of the partnership—(i) for the design practitioner—design work,

(ii) for the principal design practitioner—principal design work.(2) The indemnity must extend to a person who has been a registered partner or

registered employee of the body corporate regardless of whether the person ceasedto be a registered partner or registered employee before the policy commenced.

58 Corporate policies to extend to all liability(1) A professional indemnity policy that is issued to a body corporate must extend the

indemnity provided to—(a) if the body corporate is a registered body corporate who is a registered design

practitioner or registered principal design practitioner—all liability of theregistered body corporate incurred at any time since the registered bodycorporate first became a design practitioner or principal design practitioner,and

(b) for each registered design practitioner or registered principal designpractitioner who, at any time before or during the term of the policy, is aregistered employee of the body corporate—all liability of the registereddesign practitioner or registered principal design practitioner incurred—(i) while the registered design practitioner or registered principal design

practitioner was a registered employee of the body corporate, and(ii) in the course of the design practitioner carrying out design work, or the

principal design practitioner carrying out principal design work, onbehalf of the body corporate.

(2) The indemnity must extend to a person who has been a registered employee of thebody corporate regardless of whether the person ceased to be a registered employeebefore the policy commenced.

Division 3 Insurance for professional engineers59 Registered professional engineers must meet insurance requirements

For the purposes of section 33(2) of the Act, a registered professional engineermust—(a) be indemnified under a professional indemnity policy that complies with this

Division and Division 5, or

Page 27



(b) be part of an approved arrangement under clause 60 (an approvedarrangement) that provides indemnity against liability to which theprofessional engineer may become subject as a result of carrying outprofessional engineering work.

60 Approved arrangements for professional engineersFor the purposes of section 33(2)(b) of the Act, a registered professional engineer ispart of an approved arrangement if—(a) for a professional engineer who is a member of a professional body of

engineers that operates with a professional standards scheme—theprofessional engineer satisfies the insurance requirements imposed by thebody in accordance with the professional standards scheme, or

(b) for a professional engineer who is recognised or registered by a recognisedengineering body—the professional engineer satisfies the insurancerequirements imposed by the body under the body’s recognition or registrationscheme.

61 Professional indemnity policies for professional engineersA registered professional engineer who is indemnified under a professionalindemnity policy must ensure that all professional engineering work carried out bythe professional engineer is indemnified under a professional indemnity policy thatcomplies with this Division and Division 5.

62 Individual policies extend to all liabilityA professional indemnity policy that is issued to a registered individual who is aregistered professional engineer must extend the indemnity provided to all liabilityof the registered individual incurred at any time since the registered individual firstbecame a professional engineer.

63 Partnership policies extend to all liability(1) A professional indemnity policy that is issued to a partnership must extend to all

liability incurred by each registered professional engineer who, at any time before orduring the term of the policy, is a registered partner or registered employee of thepartnership—(a) while the registered professional engineer was a registered partner or a

registered employee of the partnership, and(b) in the course of carrying out professional engineering work on behalf of the

partnership.(2) The indemnity must extend to a person who has been a registered partner or

registered employee of the body corporate regardless of whether the person ceasedto be a registered partner or registered employee before the policy commenced.

64 Corporate policies to extend to all liability(1) A professional indemnity policy that is issued to a body corporate must extend the

indemnity provided to—(a) if the body corporate is a registered body corporate who is a registered

professional engineer—all liability of the registered body corporate incurredat any time since the registered body corporate first became a professionalengineer, and

(b) for each registered professional engineer who, at any time before or during theterm of the policy, is a registered employee of the body corporate—all liabilityof the professional engineer incurred—

Page 28



(i) while the professional engineer was a registered employee of the bodycorporate, and

(ii) in the course of the professional engineer carrying out professionalengineering work on behalf of the body corporate.

(2) The indemnity must extend to a person who has been a registered employee of thebody corporate regardless of whether the person ceased to be a registered employeebefore the policy commenced.

Division 4 Insurance for building practitioners65 Registered building practitioners must meet insurance requirements

(1) For the purposes of section 24(2) of the Act, a registered building practitioner mustbe indemnified under an insurance policy, whether a professional indemnity policyor otherwise, that complies with this clause.

(2) An insurance policy must, in the reasonable opinion of the registered buildingpractitioner concerned, provide for an adequate level of indemnity for the liabilitythat could be incurred by the practitioner in the course of the practitioner’s work.

(3) In determining whether a policy provides for an adequate level of indemnity, thepractitioner must take into account the following matters—(a) the nature and risks associated with the work typically carried out by the

practitioner,(b) the volume of the work typically carried out by the practitioner,(c) the length of time that the practitioner has been registered,(d) a reasonable estimate of claims that could be brought against the practitioner

on the basis of paragraphs (a)–(c),(e) the financial capacity of the practitioner,(f) any limits, exceptions, exclusions, terms or conditions of the policy.

66 Registered building practitioners may be exempt from insurance requirementsFor the purposes of section 24(4) of the Act, the Secretary may exempt a registeredbuilding practitioner from the requirement to be adequately insured in relation to theprovision of a building compliance declaration, but only if the Secretary is satisfiedby the practitioner that—(a) the practitioner is unable to obtain an insurance policy that provides indemnity

against the liability to which the practitioner may become subject as a result ofproviding the compliance declaration, and

(b) the practitioner is adequately insured, in accordance with clause 65, in relationto the doing of building work relating to the compliance declaration.

Division 5 Adequacy of cover67 Certain registered practitioners to determine adequate coverage of policy

(1) A professional indemnity policy must, in the reasonable opinion of a registereddesign practitioner, registered principal design practitioner or registered professionalengineer, provide for an adequate level of indemnity for the liability that could beincurred by the practitioner or professional engineer in the course of their work.

(2) In determining whether a policy provides for an adequate level of indemnity, theregistered design practitioner, registered principal design practitioner or registeredprofessional engineer must take into account the following matters—

Page 29



(a) the nature and risks associated with the work typically carried out by thepractitioner or professional engineer,

(b) the volume of the work typically carried out by the practitioner or professionalengineer,

(c) the length of time that the practitioner or professional engineer has beenregistered,

(d) a reasonable estimate of claims that could be brought against the practitioneror professional engineer on the basis of paragraphs (a)–(c),

(e) the financial capacity of the practitioner or professional engineer,(f) any limits, exceptions, exclusions, terms or conditions of the policy.

(3) This clause does not limit the operation of Divisions 2 or 3 of this Part.

68 Practitioners must keep records relating to adequacy of policyIt is a condition of registration as a registered practitioner that the practitioner must—(a) keep written records specifying how the practitioner has determined that a

policy provides for an adequate level of indemnity under clause 65 or 67, and(b) maintain the records for at least 5 years, and(c) provide copies of the records to the Secretary if requested by the Secretary in

writing to do so.

69 Matters occurring after expiry date of policy(1) The indemnity provided by a professional indemnity policy may, subject to clauses

65 and 67, be limited to liability in relation to which a claim is made against aninsured person and notified to the insurer before the policy’s expiry date.

(2) Nothing in this clause requires a professional indemnity policy to provide indemnityfor liability incurred after the policy’s expiry date.

(3) In this clause—expiry date of a professional indemnity policy means the date specified in the policyas to the policy’s expiry date.

70 Policy may be subject to limit of indemnityA professional indemnity policy may, only if the policy is not inconsistent with therequirements of this Part, be subject to the following—(a) a limit of indemnity for one claim,(b) a limit of indemnity for all claims occurring in one year.

71 Policy may be subject to exceptions or exclusionsA professional indemnity policy may, subject to clauses 65 and 67, containexceptions or exclusions that are not inconsistent with the requirements of this Part.

Division 6 Miscellaneous72 Secretary may require information about insurance policies

For the purposes of section 105(1)(f) of the Act, the following information isprescribed—(a) information about the policy schedule and endorsements,(b) details of applications made and disclosures,(c) details of completed claims,

Page 30



(d) details of legal proceedings that relate to a claim,(e) details of amounts paid out in relation to a claim.

Page 31


Design and Building Practitioners Regulation 2020 [NSW]Part 7 Record keeping

Part 7 Record keeping73 Record keeping generally

(1) This Part sets out the records that a prescribed practitioner must keep for the purposesof section 107(2)(d) of the Act.

(2) A record required to be kept by a prescribed practitioner under this Part is requiredto be kept—(a) at the practitioner’s business premises or in another secure place, or(b) at another location, or in another manner, approved by the Secretary.

(3) A record must be kept securely and must be in a form that can be readily inspected.(4) A record must be kept under this Part for the period of at least 10 years, beginning on

the date on which completion of building work occurs within the meaning of section6.20(2) of the Environmental Planning and Assessment Act 1979 as if a reference toa building or building work in that Act is a reference to a building or building workin the Act.Note— While this Part may not require a document to be kept for more than 10 years, otherlegislation may impose a requirement that the document be kept longer.

(5) A requirement to retain records continues to apply to a practitioner even if thepractitioner ceases to be a prescribed practitioner.

(6) A prescribed practitioner must not fail to comply with a requirement under this Part.Maximum penalty—200 penalty units for a body corporate or 100 penalty units foran individual.

74 Record keeping for all prescribed practitioners(1) A prescribed practitioner must, for each year to which the practitioner’s registration

relates, keep a record of each project for building work for which a compliancedeclaration is, or was, issued by the practitioner.

(2) The record must include the following information relating to the project—(a) the number of compliance declarations provided by the practitioner,(b) the class of building,(c) the name of the developer in relation to the work, including any person who is

authorised to carry out work on the developer’s behalf, and the developer’splace of business,

(d) the name of the local government area in which the project is located,(e) the address of the land or premises on which the project is located, including

the lot and deposited plan number,(f) the name of the person who engaged the practitioner,(g) the name of the owner of the land or premises,(h) the name and registration number of other registered practitioners involved in

the project.(3) In this clause—

developer has the same meaning as it has in Residential Apartment Buildings(Compliance and Enforcement Powers) Act 2020, as if a reference to building workin that Act is a reference to building work in the Act.

75 Record keeping for design practitionersA registered design practitioner must keep copies of the following—

Page 32


Design and Building Practitioners Regulation 2020 [NSW]Part 7 Record keeping

(a) a regulated design for which a design compliance declaration was provided bythe practitioner,

(b) a design compliance declaration provided by the practitioner under section 9of the Act.

76 Record keeping for principal design practitionersA registered principal design practitioner must keep copies of the following—(a) a design compliance declaration provided for building work to the practitioner

by a registered design practitioner,(b) a principal compliance declaration provided by the registered principal design

practitioner under section 12 of the Act.

77 Record keeping for building practitionersA registered building practitioner must keep copies of the following—(a) a relevant document within the meaning of section 15(4) of the Act,(b) a written notice given to the registered building practitioner under section 16

of the Act,(c) a building compliance declaration, contractor document and other required

documents required to be provided by the registered building practitionerunder section 17 of the Act,

(d) a document required to be obtained by the building practitioner under thefollowing sections of the Act—(i) section 18(b) and (c),

(ii) section 19,(iii) section 20(2)(c) and (d) and (3)(c) and (d),(iv) section 21,

(e) a variation statement prepared by the practitioner for the purposes of section20(1) of the Act.

Page 33


Design and Building Practitioners Regulation 2020 [NSW]Part 8 Miscellaneous

Part 8 MiscellaneousDivision 1 General78 Register of registered practitioners

For the purposes of section 98(1) of the Act, the following particulars, to the extentthat the particulars are relevant, are to be included in the register for each person whois, or has been, a registered practitioner—(a) the person’s name,(b) the address of the person’s place of business,(c) the registration number of the person,(d) the class and current status of the person’s registration,(e) the date on which the person was first registered,(f) each date on which the person’s registration has been renewed,(g) the date on which current registration held by the person is due to expire,(h) details of the insurance indemnifying the person against liability in relation to

the work to which the registration relates including—(i) the insurance policy number, and

(ii) the name of the insurer, and(iii) the dates during which the indemnification is in force,

(i) details of each condition that has been imposed on the person’s registration,other than a condition that is imposed on every registration, including—(i) the nature of the condition, and

(ii) the date on which it was imposed, and(iii) if the condition has been removed—the date on which the condition was

removed,(j) each date on which the person’s registration has been suspended and each date

on which a suspension ended,(k) the date on which the person’s registration was cancelled or otherwise ceased

to have effect,(l) details of grounds for taking disciplinary action against the person under Part

6 of the Act and details of the disciplinary action taken,(m) details of an offence against the Act or this Regulation for which the person

has been convicted or had a penalty notice paid,(n) details of a failure by the person to comply with an order of the Tribunal or a

court relevant to the registered practitioner’s registration,(o) details of undertakings made under section 88 of the Act by the person,(p) details of a warning notice published under section 99 of the Act warning

persons about particular risks involved in dealing with the person,(q) for a registered body corporate—

(i) the name, registration number and class of registration of eachregistered individual who is, or has been, an employee of the registeredbody corporate, and

(ii) the dates on which the registered individual became an employee andceased to be an employee.

Page 34



79 Appointment of authorised officersFor the purposes of section 73(c) of the Act, the Secretary may appoint the followingpersons as an authorised officer for Part 7 of the Act—(a) a person who is an officer, employee or agent of a local council,(b) an investigation officer within the meaning of section 9.13 of the

Environmental Planning and Assessment Act 1979.

80 Penalty notice officers(1) For the purposes of paragraph (b) of the definition of penalty notice officer in section

94(6) of the Act, the following persons are prescribed—(a) an officer, employee or agent of a local council,(b) an investigation officer within the meaning of section 9.13 of the

Environmental Planning and Assessment Act 1979.(2) The Secretary may, if the Secretary considers it reasonable to do so, designate a

person who is referred to in subclause (1)(a) or (b) as a penalty notice officer for thepurposes of specified penalty notice offences.

81 Exchange of information(1) For the purposes of section 104(1)(e) of the Act, the Secretary may provide

information to a relevant agency that is reasonably necessary for the purposes ofenabling or assisting the relevant agency to regulate or take other action in relationto the following matters—(a) the assessment of an application, consent or certificate under the

Environmental Planning and Assessment Act 1979 for the purposes ofdetermining whether or not the application, consent or certificate should begranted or issued,

(b) insurance required by or under the Act or another law in relation to regulateddesigns, compliance declarations, building work or professional engineeringwork,

(c) suspension or cancellation of registrations,(d) imposition of conditions on registrations,(e) disciplinary action taken against registered practitioners.

(2) For the purposes of paragraph (c) of the definition of relevant agency in section104(7) of the Act, the following persons and bodies are prescribed in relation to oneor more of the matters set out in section 104(1)(a)–(e) of the Act—(a) an agency of this or another Australian jurisdiction that regulates or takes other

action under legislation in connection with work to which the Act and thisRegulation apply, including the Professional Standards Council and theProfessional Standards Authority,

(b) a local council,(c) an investigation officer within the meaning of section 9.13 of the

Environmental Planning and Assessment Act 1979,(d) an owners corporation,(e) a recognised engineering body,(f) a professional body of engineers that operates with a professional standards

scheme,(g) an insurer that provides insurance in connection with the requirements of the

Act.

Page 35



82 Savings and transitional—insurance for registered building practitioners(1) Section 24 of the Act and regulations made under that section do not apply to a

registered building practitioner during the transitional period.(2) The transitional period cannot be extended under this clause.(3) In this clause—

transitional period means the period beginning on 1 July 2021 and ending on 30 June2023.

83 Savings and transitional—qualifications for design practitioners—fire systems classes(1) A person who, during the transitional period, applies for registration as a design

practitioner in a relevant class by way of a qualifications pathway in Schedule 2 thatspecifies the completion of a prescribed qualification must instead, in the opinion ofthe Secretary, satisfy the following qualification requirements— (a) enrolment or completion of an NVR approved Diploma of Fire Systems

Design (CPC50509) Release 3 or later, including enrolment in, or completionof, the units of competency specified in Schedule 2 for the particular class ofdesign practitioner,

(b) a level of competency that would enable the person to carry out work that ispermitted to be carried out by the class of design practitioner, as specified inSchedule 1, for which the person is seeking registration.

(2) A person to whom this clause applies—(a) must complete the diploma, including the units of competency, no later than 3

years after the date on which the person is granted registration, and(b) is permitted to hold registration for a period of 1 or 3 years.

(3) It is a condition of registration that a person to whom this clause applies who isgranted registration as a design practitioner must—(a) provide evidence to the Secretary of the completion of the diploma and the

units of competency within 7 days after completing the diploma and the units,and

(b) if the person is no longer enrolled in the diploma or a particular unit ofcompetency—notify the Secretary within 7 days after the person ceases to beenrolled.

(4) A person who is registered by the operation of this clause is, during the registrationperiod, prohibited from—(a) being authorised to provide documents on behalf of a registered building

practitioner under clauses 16 and 17, and(b) applying for registration as a principal design practitioner under the Act.

(5) To avoid doubt, this clause extends to a person to whom Division 2 of this Partapplies with any necessary modification.

(6) In this clause—prescribed qualification means an NVR approved Diploma of Fire Systems Design(CPC50509) Release 3 or later.registration period means the period for which registration is granted to a personunder this clause, being a period of 1 or 3 years, but does not include a renewal ofthat registration.relevant class of design practitioner means—

Page 36



(a) design practitioner—fire systems (detection and alarm systems), or(b) design practitioner—fire systems (fire sprinkler), or(c) design practitioner—fire systems (fire hydrant and fire hose reel).transitional period means the period beginning on 1 July 2021 and ending on 30 June2022.

84 Savings and transitional—application of Act to work done under existing arrangements

For the purposes of Schedule 1, clause 3 of the Act, 1 July 2021 is prescribed.

Division 2 Savings and transitional—deemed registration85 Definitions

In this Division—prescribed applicant—see clause 86(1).transitional period means the period beginning on 1 July 2021 and ending on 31December 2021.

86 Application of Division(1) This Division applies to a person who applies to the Secretary to be registered as a

practitioner in a particular class of registration during the transitional period (aprescribed applicant).

(2) The Act and this Regulation, except as modified by this Division, continue to applyto a practitioner who is registered by the operation of this Division.

(3) The following provisions do not apply to an application made for registration duringthe transitional period—(a) section 45 of the Act and regulations made under that section, except as

modified by clause 88,(b) section 48(1) of the Act.

87 Certain practitioners taken to hold deemed registration(1) A prescribed applicant is taken to be registered in a particular class of registration for

which the applicant is seeking registration if—(a) the applicant duly makes an application for registration under section 43 of the

Act that includes—(i) the period for which the applicant is seeking registration, being a period

of 1, 3 or 5 years, and(ii) the class of registration as a practitioner for which the applicant is

seeking registration, and(b) the applicant is of the opinion that the applicant is a suitable person to carry

out the work for which the applicant is seeking registration, and(c) the applicant is an individual who is at least 18 years old in age, and(d) the applicant is not a mentally incapacitated person, and(e) the applicant is not an undischarged bankrupt, and(f) the applicant is of the opinion that the applicant satisfies the qualification,

experience, knowledge and skill requirements of the Act and this Regulationfor the particular class of registration.

(2) In this clause—

Page 37



applicant, for subclause (1)(b)–(e), includes a director of a body corporate if theapplicant is a body corporate.

88 Secretary may permit or cancel deemed registration(1) The Secretary may—

(a) permit a practitioner who is registered under this Division to continue to beregistered, or

(b) cancel a practitioner’s registration.(2) The Secretary may permit a practitioner to continue to be registered in a class of

design practitioner, principal design practitioner, building practitioner orprofessional engineer that the Secretary considers appropriate even if thepractitioner’s application specified a different class.

(3) The Secretary must cancel a practitioner’s registration if a ground referred to insection 45(3) of the Act applies to the person.

(4) The Secretary is to give the registered practitioner written notice of the Secretary’sdecision to—(a) permit the practitioner to continue to be registered, or(b) permit the practitioner to continue to be registered in a different class than the

class specified in the practitioner’s application, or(c) cancel the practitioner’s registration.

89 Duration of deemed registrationA practitioner who is registered under this Division is taken to be registered for aperiod beginning on the date the practitioner makes an application under clause 87and ending on—(a) the date that is 1, 3 or 5 years, as specified in the practitioner’s application for

registration, after the practitioner first makes the application, or(b) if the Secretary makes a decision to cancel the practitioner’s registration—the

date on which the Secretary gives the practitioner written notice of thatdecision.

90 Evidence of deemed registration(1) The Secretary is to make appropriate arrangements to ensure that a prescribed

applicant who makes an application in accordance with clause 87 is issued with anapplication number for the application.

(2) During the deemed registration period—(a) an application number is evidence of a practitioner’s registration under this

Division, and(b) each compliance declaration that is required to be provided by the registered

practitioner in accordance with the Act and this Regulation must include theapplication number.

(3) During the deemed registration period, a reference to a registration certificate in Part5, Division 4 of the Act is to be read as a reference to an application number for anapplication.

(4) In this clause—deemed registration period means the period beginning on the date a prescribedapplicant makes an application for registration and ending on the date the Secretarygives written notice to the registered practitioner under clause 88(4).

Page 38


Design and Building Practitioners Regulation 2020 [NSW]Schedule 1 Classes of registration

Schedule 1 Classes of registration

Part 1 Preliminary1 Classes of registration as a design practitioner

For the purposes of section 42 of the Act, the following classes of registration as adesign practitioner are prescribed—(a) design practitioner—architectural,(b) design practitioner—building design (restricted),(c) design practitioner—civil engineering,(d) design practitioner—drainage design,(e) design practitioner—electrical engineering,(f) design practitioner—electrical design (restricted),(g) design practitioner—facade engineering,(h) design practitioner—fire safety engineering,(i) design practitioner—fire systems (detection and alarm systems),(j) design practitioner—fire systems (fire sprinkler),(k) design practitioner—fire systems (fire hydrant and fire hose reel),(l) design practitioner—fire systems (mechanical smoke control),

(m) design practitioner—geotechnical engineering,(n) design practitioner—mechanical engineering,(o) design practitioner—structural engineering.

2 Classes of registration as a professional engineerFor the purposes of section 42 of the Act, the following classes of registration as aprofessional engineer are prescribed—(a) professional engineer—civil engineering,(b) professional engineer—electrical engineering,(c) professional engineer—fire safety engineering,(d) professional engineer—geotechnical engineering,(e) professional engineer—mechanical engineering,(f) professional engineer—structural engineering.

3 Classes of registration as a building practitioner and a principal design practitionerFor the purposes of section 42 of the Act, the following classes of registration as abuilding practitioner and principal design practitioner are prescribed—(a) for a building practitioner, building practitioner—general,(b) for a principal design practitioner, principal design practitioner—general.

4 Type of work that is authorised by registration(1) The type of work that is authorised to be carried out by a person holding a particular

class of registration as a practitioner is the type of work specified in this Schedule inrelation to that class of registration to the extent that the work is within thepractitioner’s competence.

Page 39



(2) Despite subclause (1), a registered practitioner is authorised to carry out the type ofwork specified in relation to a class of registration only where that is otherwiseconsistent with conditions or restrictions on the registered practitioner’s registration.

(3) In this clause—type of work means the preparation of a regulated design, provision of a compliancedeclaration or carrying out of building work or professional engineering work.

Part 2 Description of workDivision 1 Design practitioners

5 Design practitioner—architecturalA registered design practitioner who holds a design practitioner—architectural classof registration is authorised to do the following—(a) prepare or vary a regulated design of a type that would constitute the provision

of an architectural service within the meaning of the Architects Act 2003,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a).

6 Design practitioner—building design (restricted)(1) A registered design practitioner who holds a design practitioner—building design

(restricted) class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to the architectural design of a

low rise building,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a),(c) if the practitioner has a relevant qualification—

(i) prepare or vary a regulated design in relation to the architectural designof a low rise building or medium rise building, and

(ii) make a design compliance declaration for a regulated design referred toin subparagraph (i).

(2) In this clause—relevant qualification means an NVR approved associate degree or advanceddiploma in building design or architectural design.

7 Design practitioner—civil engineeringA registered design practitioner who holds a design practitioner—civil engineeringclass of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to an area of civil engineering,

except a design of a type that is referred to in clauses 11, 17 and 19 of thisSchedule,

(b) make a design compliance declaration for a regulated design referred to inparagraph (a).

8 Design practitioner—drainage design(1) A registered design practitioner who holds a design practitioner—drainage design

class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to stormwater drainage and roof

drainage systems for a building that has a rise in storeys of no more than 6,

Page 40



(b) make a design compliance declaration for a regulated design referred to inparagraph (a),

(c) if the practitioner has a relevant qualification—(i) prepare or vary a regulated design in relation to stormwater drainage

and roof drainage systems for a building with a rise in any number ofstoreys, and


(2) In this clause—relevant qualification means—(a) an NVR approved diploma in hydraulics, or(b) a holder of registration as a professional engineer in the class of professional

engineer—civil engineering or professional engineer—mechanicalengineering under the Act.

9 Design practitioner—electrical engineeringA registered design practitioner who holds a design practitioner—electricalengineering class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to an area of electrical

engineering, including in relation to electrical components or systems, orelectrical services, of a building,


10 Design practitioner—electrical design (restricted)(1) A registered design practitioner who holds a design practitioner—electrical design

(restricted) class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to an area of electrical

engineering for a low rise building, including in relation to electricalcomponents or systems, or electrical services, of a building,

(b) make a design compliance declaration for a regulated design referred to inparagraph (a),

(c) if the practitioner has a relevant qualification—(i) prepare or vary a regulated design in relation to an area of electrical

engineering for a low rise building or medium rise building, includingin relation to electrical components or systems, or electrical services, ofa building, and


(2) In this clause—relevant qualification means an associate degree or diploma in engineering designor electrical design accredited by a body that is a signatory to the Sydney Accord.Sydney Accord means the Sydney Accord 2001 that is established and maintained bythe International Engineering Alliance and includes amendments to the SydneyAccord that are from time to time made by the International Engineering Alliance.

11 Design practitioner—facade engineeringA registered design practitioner who holds a design practitioner—facade engineeringclass of registration is authorised to do the following—

Page 41



(a) prepare or vary a regulated design in relation to the facade of a building,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a).

12 Design practitioner—fire safety engineeringA registered design practitioner who holds a design practitioner—fire safetyengineering class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to an area of fire safety

engineering,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a).

13 Design practitioner—fire systems (detection and alarm systems)A registered design practitioner who holds a design practitioner—fire systems(detection and alarm systems) class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to a fire detection and alarm

system or an emergency and intercommunication system for a building,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a).

14 Design practitioner—fire systems (fire sprinkler)A registered design practitioner who holds a design practitioner—fire systems (firesprinkler) class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to a fire sprinkler system for a

building,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a).

15 Design practitioner—fire systems (fire hydrant and fire hose reel)A registered design practitioner who holds a design practitioner—fire systems (firehydrant and fire hose reel) class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to a fire hydrant or fire hose reel

system for a building,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a).

16 Design practitioner—fire systems (mechanical smoke control)A registered design practitioner who holds a design practitioner—fire systems(mechanical smoke control) class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to a mechanical fire control

system or mechanical smoke control system for a building,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a).

17 Design practitioner—geotechnical engineeringA registered design practitioner who holds a design practitioner—geotechnicalengineering class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to an area of geotechnical

engineering,

Page 42




18 Design practitioner—mechanical engineering(1) A registered design practitioner who holds a design practitioner—mechanical

engineering class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to an area of mechanical

engineering, including the mechanical systems of a building and the relevantenergy efficient provisions of the Building Code of Australia that relate to thesystems,


(2) In this clause—mechanical systems includes systems to facilitate the safe occupation and use of abuilding associated with heating, ventilation, air-conditioning and air distribution,smoke control and exhaust, stairwell pressurisation and vertical transport.

19 Design practitioner—structural engineeringA registered design practitioner who holds a design practitioner—structuralengineering class of registration is authorised to do the following—(a) prepare or vary a regulated design in relation to an area of structural

engineering,(b) make a design compliance declaration for a regulated design referred to in

paragraph (a).

Division 2 Principal design practitioners20 Principal design practitioner—general

A registered principal design practitioner is authorised to do the following—(a) coordinate the provision of design compliance declarations by suitably

authorised registered design practitioners for regulated designs prepared forbuilding work,

(b) make a principal compliance declaration in relation to the matters referred toin paragraph (a) and the design compliance declarations for those matters.

Division 3 Building practitioners21 Building practitioner—general

A registered building practitioner is authorised to do the following—(a) carry out building work, subject to the requirements of the Home Building Act

1989,(b) make a building compliance declaration for building work,(c) prepare documents that are required to be prepared by a building practitioner

under the Act and this Regulation.

Division 4 Professional engineers22 Professional engineer—civil engineering

A registered professional engineer who holds a professional engineer—civilengineering class of registration is authorised to carry out professional engineering

Page 43



work in an area of civil engineering, other than work that is within an area ofengineering otherwise prescribed under this Division.

23 Professional engineer—electrical engineeringA registered professional engineer who holds a professional engineer—electricalengineering class of registration is authorised to carry out professional engineeringwork in an area of electrical engineering.

24 Professional engineer—fire safety engineeringA registered professional engineer who holds a professional engineer—fire safetyengineering class of registration is authorised to carry out professional engineeringwork in an area of fire safety engineering.

25 Professional engineer—geotechnical engineeringA registered professional engineer who holds a professional engineer—geotechnicalengineering class of registration is authorised to carry out professional engineeringwork in an area of geotechnical engineering.

26 Professional engineer—mechanical engineeringA registered professional engineer who holds a professional engineer—mechanicalengineering class of registration is authorised to carry out professional engineeringwork in an area of mechanical engineering.

27 Professional engineer—structural engineeringA registered professional engineer who holds a professional engineer—structuralengineering class of registration is authorised to carry out professional engineeringwork an area of structural engineering.

Page 44


Design and Building Practitioners Regulation 2020 [NSW]Schedule 2 Qualifications, experience, knowledge and skills

Schedule 2 Qualifications, experience, knowledge and skills

Part 1 Preliminary1 Definitions

(1) In this Schedule—Australian university has the same meaning as in the Higher Education Act 2001.major, in relation to a qualification, includes specialising in a particular discipline.recent, in relation to relevant practical experience, means 5 years experience withinthe last 10 years.relevant, in relation to a particular class of registration, means relevant in relationto—(a) the preparation of a regulated design, or(b) the provision of a compliance declaration, or(c) the carrying out of building work, or(d) the carrying out of professional engineering work in a particular prescribed

area of engineering.(2) A reference in this Schedule to an NVR approved qualification or a unit of

competency is taken to include a reference to a qualification or unit of competencythat supersedes that qualification or unit of competency.

2 Qualifications, experience, knowledge and skills required for grant of registration(1) For the purposes of sections 47(2) and 107(2)(a) of the Act, the provisions of this

Schedule specify the minimum qualifications, experience, knowledge and skillsrequired to be granted registration in the classes set out in this Schedule in relation toa practitioner.

(2) The Secretary may grant registration in a class of registration as a practitioner to aperson if the Secretary is satisfied that—(a) the person’s qualifications, experience, knowledge and skills are at least

equivalent to the qualifications, experience, knowledge and skills specified forthat class, or

(b) a qualification specified by this Schedule for a particular class of registrationis combined with another qualification or major not specified by this Scheduleand the combined qualification is at least equivalent to the qualificationspecified for that class.

(3) If more than 1 pathway is shown, the minimum qualifications, knowledge and skillsrequired to be granted registration are the qualifications, knowledge and skillsspecified in 1 of those pathways.

Part 2 Building practitioners3 Building practitioner—general

(1) QualificationMust be a holder of an endorsed contractor licence authorising the holder to dogeneral building work under the Home Building Act 1989.

(2) ExperienceMust have 5 years recent relevant practical experience.

Page 45



(3) KnowledgeMust know and understand the following—(a) the Act and this Regulation,(b) the Environmental Planning and Assessment Act 1979, including regulations

made under that Act, to the extent that the legislation is relevant to this classof registration,

(c) the Building Code of Australia (volumes 1 and 2), including documentsadopted by reference in the Building Code of Australia,

(d) building design and construction, including methods, materials and planning.(4) Skills

Must be able to interpret, apply and assess compliance with the relevant requirementsof the Building Code of Australia.

Part 3 Design practitioners4 Experience—all classes of design practitioner

Must have 5 years recent relevant practical experience.

5 Design practitioner—architectural(1) Qualification

Must hold full registration as an architect within the meaning of the Architects Act2003.



(c) the Building Code of Australia (volumes 1 and 2), including documentsadopted by reference in the Building Code of Australia, to the extent that thedocuments are relevant to this class of registration,

(d) building design, including methods, materials and planning, to the extent thatthis knowledge is relevant to this class of registration.

(3) SkillsMust be able to do the following—(a) interpret, apply and assess compliance with the relevant requirements of the

Building Code of Australia,(b) apply and assess compliance with relevant standards relating to the design of

a building, including materials, finishes, fittings, components and systems ofa building, to the extent that the standards are relevant to this class ofregistration.

6 Design practitioner—building design (restricted)(1) Qualifications

Must have—

Page 46



(a) for a design practitioner in the class of design practitioner—building design(restricted) who carries out work, or proposes to carry out work, on a low risebuilding—an NVR approved diploma in building design or architecturaldrafting, or

(b) for a design practitioner in the class of design practitioner—building design(restricted) who carries out work, or proposes to carry out work, on a low risebuilding or medium rise building—an NVR approved associate degree oradvanced diploma in building design or architectural design.








7 Design practitioner—civil engineering(1) Qualification

Must be registered as a professional engineer in the class of professional engineer—civil engineering under the Act.






Building Code of Australia,

Page 47



(b) apply and assess compliance with relevant standards relating to the design ofa building, including materials, finishes, fittings, components and systems ofa building, to the extent that the standards are relevant to this class ofregistration.

8 Design practitioner—drainage design(1) Qualifications

Must have—(a) for a design practitioner in the class of design practitioner—drainage design

who carries out work, or proposes to carry out work, on a building with a risein storeys of no more than 6—an NVR approved Certificate IV in Plumbingand Services (CPC40912), or

(b) for a design practitioner in the class of design practitioner—drainage designwho carries out work, or proposes to carry out work, on a building with a risein any number of storeys—(i) an NVR approved diploma in hydraulics, or

(ii) a holder of registration as a professional engineer in the class ofprofessional engineer—civil engineering or professional engineer—mechanical engineering under the Act.








9 Design practitioner—electrical engineering(1) Qualification

Must be registered as a professional engineer in the class of professional engineer—electrical engineering under the Act.

(2) KnowledgeMust know and understand the following—(a) the Act and this Regulation,

Page 48



(b) the Environmental Planning and Assessment Act 1979, including regulationsmade under that Act, to the extent that the legislation is relevant to this classof registration,






10 Design practitioner—electrical design (restricted)(1) Qualifications

Must have—(a) for a design practitioner in the class of design practitioner—electrical design

(restricted) who carries out work, or proposes to carry out work, on a low risebuilding—a Certificate IV or diploma in electrical design or electrical draftingaccredited by a body that is a signatory to the Dublin Accord, or

(b) for a design practitioner in the class of design practitioner—electrical design(restricted) who carries out work, or proposes to carry out work, on a mediumrise building, including a low rise building—an associate degree or diploma inengineering design or electrical design accredited by a body that is a signatoryto the Sydney Accord.



(c) the Building Code of Australia (volumes 1 and 2), including documentsadopted by reference in the Building Code of Australia, to the extent that thedocuments are relevant to this class of registration.




(4) In this clause—

Page 49



Dublin Accord means the Dublin Accord 2002 that is established and maintained bythe International Engineering Alliance and includes amendments to the DublinAccord that are from time to time made by the International Engineering Alliance.Sydney Accord means the Sydney Accord 2001 that is established and maintained bythe International Engineering Alliance and includes amendments to the SydneyAccord that are from time to time made by the International Engineering Alliance.

11 Design practitioner—facade engineering(1) Qualifications

Must be registered as a professional engineer in the class of professional engineer—structural engineering or professional engineer—civil engineering under the Act.








12 Design practitioner—fire safety engineering(1) Qualification

Must be registered as a professional engineer in the class of professional engineer—fire safety engineering under the Act.




(d) the science of fire,(e) the principles of fire engineering, including fire engineering processes and

methodologies,

Page 50



(f) relevant fire engineering guidelines, including the International FireEngineering Guidelines,

(g) building design, including methods, materials and planning, to the extent thatthis knowledge is relevant to this class of registration.

(3) SkillsMust be able to do the following—(a) apply scientific and engineering principles to evaluate strategies to protect

people and their environment from the consequences of fire,(b) anticipate the behaviour of materials, structures, machines, apparatus and

processes when exposed to fire,(c) assess a fire engineering design and determine whether a performance solution

complies with the relevant performance requirements of the Building Code ofAustralia,

(d) apply relevant fire engineering guidelines, including the International FireEngineering Guidelines,

(e) apply fire engineering models and tools,(f) apply and assess compliance with relevant standards relating to the fire safety

of a building, including materials, finishes, fittings, components and systemsof a building.

13 Design practitioner—fire systems (detection and alarm systems)(1) Pathway 1

(a) QualificationsMust have an NVR approved Diploma of Fire Systems Design (CPC50509)Release 3 or later, including successful completion of the following units ofcompetency—(i) CPCPCM4013A Produce 2-D architectural drawings using CAD

software,(ii) CPCSFS5003A Develop plans and methodology for fire systems design

projects,(iii) CPCSFS5008A Create detailed designs for fire detection and warning

systems,(iv) CPCSFS5011A Provide design documentation and review and support

fire system installation processes,(v) CPCSFS5013A Support commissioning processes and finalise fire

systems design projects.(b) Knowledge

Must know and understand the following—(i) the Act and this Regulation,

(ii) the Environmental Planning and Assessment Act 1979, includingregulations made under that Act, to the extent that the legislation isrelevant to this class of registration,

(iii) the Building Code of Australia (volumes 1 and 2), including documentsadopted by reference in the Building Code of Australia, to the extentthat the documents are relevant to this class of registration,

(iv) fire systems technology and components,(v) building design, including methods, materials and planning, to the

extent that this knowledge is relevant to this class of registration.

Page 51



(c) SkillsMust be able to do the following—(i) interpret, apply and assess compliance with the relevant requirements of

the Building Code of Australia,(ii) apply and assess compliance with relevant standards relating to the

design of a building, including materials, finishes, fittings, componentsand systems of a building, to the extent that the standards are relevant tothis class of registration,

(iii) design fire safety systems to protect people and their environment fromthe consequences of fire,

(iv) anticipate the behaviour of materials, structures, machines, apparatusand processes when exposed to fire.

(2) Pathway 2(a) Qualifications

Must have an engineering degree from an Australian university or aqualification under a program accredited by Engineers Australia andsuccessful completion of the following units of competency—(i) CPCSFS5001A Define scope and hazard level of fire systems design

projects,(ii) CPCSFS5002A Research and interpret detailed fire systems design

project requirements,(iii) CPCSFS5003A Develop plans and methodology for fire systems design

projects,(iv) CPCSFS5005A Research and evaluate fire system technologies and

components,(v) CPCSFS5008A Create detailed designs for fire detection and warning

systems,(vi) CPCSFS5011A Provide design documentation and review and support

fire system installation processes,(vii) CPCSFS5013A Support commissioning processes and finalise fire


Must know and understand the knowledge referred to in subclause (1)(b).(c) Skills

Must be able to do the skills referred to in subclause (1)(c).

14 Design practitioner—fire systems (fire sprinkler)(1) Pathway 1



projects, (iii) CPCSFS5006A Create detailed designs for fire sprinkler systems,(iv) CPCSFS5009A Create detailed designs for fire systems’ water supplies,

Page 52



(v) CPCSFS5010A Provide documentation and support for fabrication offire sprinkler systems,

(vi) CPCSFS5011A Provide design documentation and review and supportfire system installation processes,

(vii) CPCSFS5013A Support commissioning processes and finalise firesystems design projects.

(b) KnowledgeMust know and understand the following—(i) the Act and this Regulation,



(iv) fire systems technology and components,(v) building design, including methods, materials and planning, to the

extent that this knowledge is relevant to this class of registration.(c) Skills

Must be able to do the following—(i) interpret, apply and assess compliance with the relevant requirements of










components,(v) CPCSFS5006A Create detailed designs for fire sprinkler systems,

(vi) CPCSFS5009A Create detailed designs for fire systems’ water supplies,(vii) CPCSFS5010A Provide documentation and support for fabrication of

fire sprinkler systems,

Page 53



(viii) CPCSFS5011A Provide design documentation and review and supportfire system installation processes,

(ix) CPCSFS5013A Support commissioning processes and finalise firesystems design projects.

(b) KnowledgeMust know and understand the knowledge referred to in subclause (1)(b).

(c) SkillsMust be able to do the skills referred to in subclause (1)(c).


Must have the following—(i) an NVR approved Diploma of Hydraulic Services Design (CPC50612)

Release 2 or later,(ii) the successful completion of the units of competency referred to in

subparagraphs (ii)–(ix) of subclause (2)(a).(b) Knowledge

Must know and understand the knowledge referred to in subclause (1)(b).(c) Skills

Must be able to do the skills referred to in subclause (1)(c).

15 Design practitioner—fire systems (fire hydrant and fire hose reel)(1) Pathway 1



projects, (iii) CPCSFS5007A Create detailed designs for hydrant and hose reel

systems,(iv) CPCSFS5009A Create detailed designs for fire systems’ water supplies,(v) CPCSFS5011A Provide design documentation and review and support

fire system installation processes,(vi) CPCSFS5013A Support commissioning processes and finalise fire


Must know and understand the following—(i) the Act and this Regulation,



(iv) fire systems technology and components,

Page 54



(v) building design, including methods, materials and planning, to theextent that this knowledge is relevant to this class of registration.

(c) SkillsMust be able to do the following—(i) interpret, apply and assess compliance with the relevant requirements of










components,(v) CPCSFS5007A Create detailed designs for hydrant and hose reel

systems,(vi) CPCSFS5009A Create detailed designs for fire systems’ water supplies,

(vii) CPCSFS5011A Provide design documentation and review and supportfire system installation processes,

(viii) CPCSFS5013A Support commissioning processes and finalise firesystems design projects.

(b) KnowledgeMust know and understand the knowledge referred to in subclause (1)(b).



Must have the following—(i) an NVR approved Diploma of Hydraulic Services Design (CPC50612)

Release 2 or later,(ii) the successful completion of the units of competency referred to in

subparagraphs (ii)–(viii) of subclause (2)(a).(b) Knowledge

Must know and understand the knowledge referred to in subclause (1)(b).

Page 55




16 Design practitioner—fire systems (mechanical smoke control)(1) Qualification

At least one of the following—(a) an accredited 4 year full-time or equivalent part-time undergraduate bachelor

degree in mechanical engineering or engineering with a major in mechanicalengineering,

(b) an accredited postgraduate masters degree in mechanical engineering orengineering with a major in mechanical engineering,

(c) a non-accredited qualification that has been assessed as being equivalent to anaccredited qualification in paragraph (a) or (b)—(i) for a qualification that was conferred by an Australian university or

tertiary institution—by an Australian signatory to the WashingtonAccord, or

(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation ofmechanical engineer.

(2) KnowledgeMust know and understand the knowledge referred to in clause 15(1)(b) of thisSchedule.

(3) SkillsMust be able to do the skills referred to in clause 15(1)(c) of this Schedule.

(4) In this clause—accredited, assessing authority, skilled occupation and Washington Accord havethe same meanings as in clause 21 of this Schedule.

17 Design practitioner—geotechnical engineering(1) Qualification

Must be registered as a professional engineer in the class of professional engineer—geotechnical engineering under the Act.





(3) SkillsMust be able to do the following—

Page 56



(a) interpret, apply and assess compliance with the relevant requirements of theBuilding Code of Australia,

(b) apply and assess compliance with relevant standards relating to the design ofa building, including materials, finishes, fittings, components and systems ofa building, to the extent that the standards are relevant to this class ofregistration.

18 Design practitioner—mechanical engineering(1) Qualification

Must be registered as a professional engineer in the class of professional engineer—mechanical engineering under the Act.








19 Design practitioner—structural engineering(1) Qualification

Must be registered as a professional engineer in the class of professional engineer—structural engineering under the Act.





Page 57






Part 4 Principal design practitioners20 Principal design practitioner—general

(1) QualificationMust be registered as a design practitioner under the Act, other than as a designpractitioner in the following classes—(a) design practitioner—building design (restricted),(b) design practitioner—drainage design,(c) design practitioner—electrical design (restricted).

(2) Knowledge, experience and skillsNo additional experience, knowledge and skills other than the experience,knowledge and skills required for obtaining a registration as a design practitionerunder the Act in a class referred to in subclause (1).

Part 5 Professional engineers21 Definitions

In this Part—accredited, in relation to a qualification, means accredited by a body that is asignatory to the Washington Accord.assessing authority means a person or body that is listed as an assessing authority inthe Medium and Long-term Strategic Skills List, in relation to a particular skilledoccupation, within the meaning of Part 2 of the Migration (LIN19/051: Specificationof Occupations and Assessing Authorities) Instrument 2019 of the Commonwealth.skilled occupation means a skilled occupation within the meaning of the MigrationRegulations 1994 of the Commonwealth.Washington Accord means the Washington Accord 1989 that is established andmaintained by the International Engineering Alliance and includes amendments tothe Washington Accord that are from time to time made by the InternationalEngineering Alliance.

22 Experience—all classes of professional engineerMust have 5 years recent relevant practical experience.

Page 58



23 Knowledge and skills—all classes of professional engineer(1) Pathway 1

(a) KnowledgeMust know and understand the following, to the extent that the knowledge isrelevant to the prescribed area of engineering to which a particular class ofregistration as a professional engineer relates—(i) engineering principles for natural and physical science and sustainable

engineering,(ii) mathematics, numerical analysis, statistics and computer and

information sciences,(iii) specialist knowledge,(iv) engineering design and construction, and the physical, natural and

environmental factors that may impact the design and construction,(v) for a class of professional engineer—fire safety engineering—

(A) the science of fire, and(B) the principles of fire engineering, including fire engineering

processes and methodologies, and(C) relevant fire engineering guidelines, including the International

Fire Engineering Guidelines.(b) Skills

Must be able to do the following, to the extent that the skill is relevant to theprescribed area of engineering to which a particular class of registration as aprofessional engineer relates—(i) apply established engineering methods to engineering issues,

(ii) apply engineering techniques, tools and resources,(iii) apply systematic engineering synthesis and design processes,(iv) apply systematic approaches to the management of engineering

projects,(v) for a class of professional engineer—fire safety engineering—

(A) apply scientific and engineering principles to evaluate strategiesto protect people and the environment from the consequences offire, and

(B) anticipate the behaviour of materials, structures, machines,apparatus and processes when exposed to fire, and

(C) develop a fire engineering design and determine whether thedesign complies with the relevant performance requirements ofthe Building Code of Australia, and

(D) apply relevant fire engineering guidelines, including theInternational Fire Engineering Guidelines, and

(E) apply fire engineering models and tools, and(F) assess the holistic performance of the fire safety strategy.

(2) Pathway 2(a) Knowledge

No additional knowledge other than the knowledge required to be recognisedor registered as a professional engineer by a recognised engineering body.

Page 59



(b) SkillsNo additional skills other than the skills required to be recognised or registeredas a professional engineer by a recognised engineering body.

(3) Pathway 3(a) Knowledge

No additional knowledge other than the knowledge required—(i) to be recognised or registered as a professional engineer by a

professional body of engineers that operates with a professionalstandards scheme, and

(ii) to satisfy the knowledge requirements of the professional standardsscheme.

(b) SkillsNo additional skills other than the skills required—(i) to be recognised or registered as a professional engineer by a

professional body of engineers that operates with a professionalstandards scheme, and

(ii) to satisfy the skill requirements of the professional standards scheme.

24 Professional engineer—civil engineering(1) Pathway 1—qualifications


degree in—(i) engineering with a major in civil engineering or structural engineering,

or(ii) civil engineering, or

(iii) structural engineering,(b) an accredited postgraduate masters degree in—

(i) engineering with a major in civil engineering or structural engineering,or

(ii) civil engineering, or(iii) structural engineering,



(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation of civilengineer.

(2) Pathway 2—qualificationRecognition or registration as a professional engineer in an area of civil engineeringby a recognised engineering body.

(3) Pathway 3—qualificationRecognition or registration as a professional engineer in an area of civil engineeringby a professional body of engineers that—

Page 60



(a) operates with a professional standards scheme, and(b) requires the successful completion of a qualification relevant to carrying out

professional engineering work in accordance with the professional standardsscheme.

25 Professional engineer—electrical engineering(1) Pathway 1—qualifications


degree in electrical engineering or engineering with a major in electricalengineering,

(b) an accredited postgraduate masters degree in electrical engineering orengineering with a major in electrical engineering,



(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation ofelectrical engineer.

(2) Pathway 2—qualificationRecognition or registration as a professional engineer in an area of electricalengineering by a recognised engineering body.

(3) Pathway 3—qualificationRecognition or registration as a professional engineer in an area of electricalengineering by a professional body of engineers that—(a) operates with a professional standards scheme, and(b) requires the successful completion of a qualification relevant to carrying out


26 Professional engineer—fire safety engineering(1) Pathway 1—qualifications


degree in fire safety engineering or engineering with a major in fire safetyengineering,

(b) an accredited postgraduate masters degree in fire safety engineering orengineering with a major in fire safety engineering,



(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation of firesafety engineer, if any.

Page 61



(2) Pathway 2—qualificationsAll of the following—(a) an accredited 4 year full-time or equivalent part-time undergraduate bachelor

degree in—(i) civil engineering, mechanical engineering, chemical engineering or

electrical engineering, or(ii) engineering with a major in civil engineering, mechanical engineering,

chemical engineering or electrical engineering,(b) an accredited postgraduate diploma in engineering in fire safety engineering,

an accredited masters degree in engineering in fire safety engineering or anNVR approved graduate diploma in fire safety engineering.

(3) Pathway 3—qualificationsAll of the following—(a) a non-accredited qualification that has been assessed as being equivalent to an

accredited qualification in subclause (2)(a)—(i) for a qualification that was conferred by an Australian university or


(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation of firesafety engineer, if any,

(b) a non-accredited qualification that has been assessed as being equivalent to anaccredited qualification in subclause (2)(b)—(i) for a qualification that was conferred by an Australian university or


(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation of firesafety engineer, if any.

(4) Pathway 4—qualificationRecognition or registration as a professional engineer in an area of fire safetyengineering by a recognised engineering body.

(5) Pathway 5—qualificationRecognition or registration as a professional engineer in an area of fire safetyengineering by a professional body of engineers that—(a) operates with a professional standards scheme, and(b) requires the successful completion of a qualification relevant to carrying out


27 Professional engineer—geotechnical engineering(1) Pathway 1—qualifications


degree in—(i) engineering with a major in geotechnical engineering or civil

engineering, or

Page 62



(ii) civil engineering, or(iii) geotechnical engineering,

(b) an accredited postgraduate masters degree in—(i) engineering with a major in geotechnical engineering or civil

engineering, or(ii) civil engineering, or

(iii) geotechnical engineering,(c) a non-accredited qualification that has been assessed as being equivalent to an

accredited qualification in paragraph (a) or (b)—(i) for a qualification that was conferred by an Australian university or


(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation ofgeotechnical engineer or civil engineer.

(2) Pathway 2—qualificationRecognition or registration as a professional engineer in an area of geotechnicalengineering by a recognised engineering body.

(3) Pathway 3—qualificationRecognition or registration as a professional engineer in an area of geotechnicalengineering by a professional body of engineers that—(a) operates with a professional standards scheme, and(b) requires the successful completion of a qualification relevant to carrying out


28 Professional engineer—mechanical engineering(1) Pathway 1—qualifications


degree in mechanical engineering or engineering with a major in mechanicalengineering,

(b) an accredited postgraduate masters degree in mechanical engineering orengineering with a major in mechanical engineering,



(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation ofmechanical engineer.

(2) Pathway 2—qualificationRecognition or registration as a professional engineer in an area of mechanicalengineering by a recognised engineering body.

Page 63



(3) Pathway 3—qualificationRecognition or registration as a professional engineer in an area of mechanicalengineering by a professional body of engineers that—(a) operates with a professional standards scheme, and (b) requires the successful completion of a qualification relevant to carrying out


29 Professional engineer—structural engineering(1) Pathway 1—qualifications


degree in—(i) engineering with a major in civil engineering or structural engineering,

or(ii) civil engineering, or

(iii) structural engineering,(b) an accredited postgraduate masters degree in—

(i) engineering with a major in civil engineering or structural engineering,or

(ii) civil engineering, or(iii) structural engineering,



(ii) for a qualification that was conferred by a foreign university or tertiaryinstitution—by an assessing authority for the skilled occupation ofstructural engineer or civil engineer.

(2) Pathway 2—qualificationRecognition or registration as a professional engineer in an area of structuralengineering by a recognised engineering body.

(3) Pathway 3—qualificationRecognition or registration as a professional engineer in an area of structuralengineering by a professional body of engineers that—(a) operates with a professional standards scheme, and(b) requires the successful completion of a qualification relevant to carrying out


Page 64


Design and Building Practitioners Regulation 2020 [NSW]Schedule 3 Continuing professional development

Schedule 3 Continuing professional development1 Definitions

In this Schedule—Guidelines means guidelines issued by the Secretary and made publicly available ona website of the Department.relevant education and training for a registered practitioner means education andtraining that is relevant to the class of registration in which the registered practitioneris registered and includes education and training carried out as a requirementimposed under a relevant authorisation held by the registered practitioner.

2 Registered practitioners must complete required continuing professional development(1) For the purposes of section 107(2)(b) of the Act, a registered practitioner must

complete— (a) the continuing professional development requirements specified in this

Schedule, and(b) additional continuing professional development requirements that may be

imposed on the registered practitioner by the Secretary.(2) The Secretary may, if the Secretary considers it to be reasonably necessary in the

circumstances—(a) by written notice to a registered practitioner—

(i) impose additional continuing professional development requirementson the registered practitioner, or

(ii) exempt the registered practitioner from some or all of the continuingprofessional development requirements specified in this Schedule, or

(b) by notice in the Gazette, exempt a class of registered practitioners from someor all of the continuing professional development requirements specified inthis Schedule.

3 Registered practitioner must keep records of completed continuing professional development

It is a condition of registration as a registered practitioner that the registeredpractitioner must—(a) keep written records specifying how the registered practitioner has satisfied

the registered practitioner’s continuing professional developmentrequirements for each year, and

(b) maintain the records for at least 5 years, and(c) provide copies of the records to the Secretary if requested by the Secretary in

writing.

4 Requirements for prescribed practitioners(1) A prescribed practitioner must each year successfully complete at least 3 hours of

relevant education and training that is approved by the Secretary in the Guidelines.(2) A registered principal design practitioner is exempt from the requirement to

complete the continuing professional development requirements specified in thisSchedule, but only if—(a) the practitioner successfully completes the continuing professional

development requirements for the practitioner’s registration as a designpractitioner, and

Page 65


Design and Building Practitioners Regulation 2020 [NSW]Schedule 3 Continuing professional development

(b) the Secretary does not impose additional continuing professional developmentrequirements on the practitioner, whether in the practitioner’s capacity as aregistered principal design practitioner or registered design practitioner.

(3) Without limiting the type of relevant education and training that the Secretary mayapprove, the relevant education and training may require the prescribed practitionerto pass an assessment related to the relevant education and training.

5 Requirements for registered professional engineers(1) A registered professional engineer must successfully complete continuing

professional development each year.(2) A registered professional engineer is taken to have successfully completed

continuing professional development for the year concerned if—(a) for a professional engineer who is a member of a professional body of

engineers that operates with a professional standards scheme—theprofessional engineer satisfies the continuing professional developmentrequirements that are imposed by the body in accordance with the professionalstandards scheme, or

(b) for a professional engineer who is recognised or registered by a recognisedengineering body—the professional engineer satisfies the continuingprofessional development requirements imposed by the body, or

(c) in other cases—the professional engineer successfully completes at least 60points of relevant education and training for the year that is—(i) approved by the Secretary in the Guidelines and given a points value by

the Secretary, or(ii) part of a program offered by a professional body approved by the

Secretary in the Guidelines and given a points value by the professionalbody.

(3) A registered professional engineer who successfully completes more than 60 pointsof relevant education and training for the year concerned under subclause (2)(c) maycarry over some or all of the points to the next year in a manner approved by theSecretary in the Guidelines.

Page 66


Design and Building Practitioners Regulation 2020 [NSW]Schedule 4 Code of practice

Schedule 4 Code of practice

Part 1 Preliminary1 Definitions

In this Schedule—client of a registered practitioner means a person who engages a registeredpractitioner to carry out work for which the practitioner is registered for the person,whether under a contract or otherwise.improper benefit means a gift, hospitality or other benefit that could reasonably—(a) be expected to give rise to a conflict of interest, or(b) be perceived as an inducement or attempted inducement, or reward, for—

(i) doing something or not doing something, or(ii) showing or not showing favour or disfavour to a person, or

(iii) using or endorsing a particular product or service in connection with thecarrying out of work to which this Schedule applies.

relevant work means the preparation of a regulated design, provision of a compliancedeclaration or carrying out of building work by a prescribed practitioner.

Part 2 Code of practiceDivision 1 Code of practice for prescribed practitioners

2 Duties apply to prescribed practitioners when acting as prescribed practitioners(1) A prescribed practitioner is required to comply with each provision of this code of

practice.(2) The requirements set out in this Division apply to a person only in the person’s

capacity as a prescribed practitioner.(3) Nothing in this Division affects the duty of a prescribed practitioner to comply with

requirements placed on the prescribed practitioner by or under the Act or another Actor law.

3 Duty to act in a professional mannerA prescribed practitioner—(a) must act with honesty, integrity and in a professional manner, and(b) must act towards the person for whom the practitioner is doing the relevant

work, and carry out the relevant work, in good faith, and(c) must not unreasonably discriminate against a person or organisation, and(d) must exercise reasonable care and attention.

4 Duty to act within level of competence and expertiseA prescribed practitioner must not carry out relevant work that is not authorised bythe prescribed practitioner’s registration or is beyond the prescribed practitioner’scompetence or expertise.

5 Duty to maintain satisfactory level of competenceA prescribed practitioner must ensure that the prescribed practitioner remainsinformed of—

Page 67



(a) developments in building design, construction and industry practice in relationto building design and construction, to the extent that the developments arerelevant to the prescribed practitioner’s work, and

(b) the law relevant to the carrying out of the prescribed practitioner’s work.

6 Duty to avoid conflicts of interest(1) A prescribed practitioner must take all reasonable steps to—

(a) manage and disclose potential or actual conflicts of interest to a client of thepractitioner, and

(b) avoid actual conflicts of interest if practicable.(2) A prescribed practitioner must not improperly use the prescribed practitioner’s

status, position, powers or duties for the purpose of obtaining, either directly orindirectly, a personal benefit or benefit for a relative or close associate of theprescribed practitioner.

(3) A prescribed practitioner must not solicit or accept an improper benefit in relation tothe carrying out of the practitioner’s work.

(4) A prescribed practitioner must take all reasonable steps to ensure that a relative orclose associate of the prescribed practitioner does not solicit or accept an improperbenefit, whether on the practitioner’s behalf or on behalf of another person.

7 Duty to maintain confidentiality(1) A prescribed practitioner must not disclose confidential information acquired in the

course of being a prescribed practitioner except—(a) with the consent of the person to whom the duty of confidentiality is owed, or(b) where the disclosure is otherwise authorised or required by law.

(2) A prescribed practitioner must not use confidential information acquired in thecourse of being a prescribed practitioner to secure an improper benefit for theprescribed practitioner or a relative or close associate of the prescribed practitioner.

(3) A prescribed practitioner must take all reasonable steps to ensure that confidentialinformation acquired in the course of being a prescribed practitioner, including inrelation to a client, is held securely by the prescribed practitioner.

Division 2 Code of practice for professional engineers8 Duties apply to professional engineers when acting as professional engineers

(1) A registered professional engineer is required to comply with each provision of thiscode of practice.

(2) The requirements set out in this Division apply to a person only in the person’scapacity as a registered professional engineer.

(3) Nothing in this Division affects the duty of a registered professional engineer tocomply with—(a) requirements placed on the professional engineer by or under the Act or

another Act or law, or(b) for a registered professional engineer who is recognised or registered by a

recognised engineering body or a professional body of engineers that operateswith a professional standards scheme—other codes of practice, or similar,imposed on the professional engineer by those bodies.

Page 68



9 Duty to act in professional manner and abide by standards expected by communityA registered professional engineer—(a) must act with honesty, integrity and in a professional manner, and(b) must act towards the person for whom the professional engineer is doing

professional engineering work, and carry out the work, in good faith, and(c) must not unreasonably discriminate against a person or organisation, and(d) must not knowingly act or enter into conduct that could bring, or tend to bring,

the profession of engineers into disrepute, and(e) must take all reasonable steps to protect the health and safety of the

community when carrying out professional engineering work, including bydoing the following—(i) identifying hazards,

(ii) assessing risks,(iii) implementing appropriate strategies to manage risk, and

(f) must take all reasonable steps to manage and avoid foreseeable adverseimpacts of professional engineering work on the natural environment.

10 Duty to act within level of competence and expertise(1) A registered professional engineer must not carry out professional engineering work

that is not authorised by the professional engineer’s registration or is beyond theprofessional engineer’s competence or expertise.

(2) A registered professional engineer must inform a person for whom the engineer iscarrying out, or is proposing to carry out, professional engineering work if the workis, or will be, beyond the professional engineer’s competence or expertise.

(3) A registered professional engineer must seek and properly consider specialist adviceif an aspect of professional engineering work is beyond the professional engineer’scompetence or expertise.

11 Duty to maintain satisfactory level of competenceA registered professional engineer must ensure that the professional engineerremains informed of developments in the following—(a) practices relating to professional engineering work that are relevant to the

professional engineer’s prescribed area of engineering,(b) the law relevant to the carrying out of the professional engineer’s work.

12 Duty to act in best interests of client(1) A registered professional engineer must take all reasonable steps to act in the best

interests of a client of the professional engineer.(2) However, a registered professional engineer is not required to comply with subclause

(1) if acting in the best interests of the client would be—(a) inconsistent with the requirements placed on the professional engineer by or

under the Act or another Act or law, or(b) contrary to the public interest.

13 Duty to deal and communicate with clients in professional mannerA registered professional engineer must take all reasonable steps—

Page 69



(a) to inform a client of the professional engineer of the social, environmental oreconomic impacts of the carrying out of professional engineering work thatmay affect the client, and

(b) to inform the client of concerns or decisions that the client is required to makein relation to the carrying out of professional engineering work, and

(c) to ensure that information is provided to the client in a timely manner, and ina clear and accurate form, including in relation to the following—(i) the carrying out of professional engineering work,

(ii) fees or costs in connection with professional engineering work,(iii) risks in connection with professional engineering work.

14 Duty to provide information to clientsA registered professional engineer carrying out, or directly supervising, professionalengineering work must take all reasonable steps to provide the following informationto a client of the professional engineer—(a) the professional engineer’s name, telephone number and address of the

principal place of business,(b) if a person is engaged by the registered professional engineer for the purposes

of providing specialist advice in relation to professional engineering work (anengaged person)—(i) the name and telephone number of the engaged person, and

(ii) the role of the engaged person, and(iii) the address of the engaged person’s principal place of business, and(iv) if the engaged person is registered under the Act—the registration

number of the engaged person.

15 Duty to avoid conflicts of interest(1) A registered professional engineer must take all reasonable steps to—

(a) manage and disclose potential or actual conflicts of interest to a client of theprofessional engineer, and

(b) avoid actual conflicts of interest if practicable.(2) A registered professional engineer must not improperly use the professional

engineer’s status, position, powers or duties for the purpose of obtaining, eitherdirectly or indirectly, personal benefit or benefit for a relative or close associate ofthe professional engineer.

(3) A registered professional engineer must not solicit or accept an improper benefit inrelation to the carrying out of professional engineering work.

(4) A registered professional engineer must take all reasonable steps to ensure that arelative or close associate of the professional engineer does not solicit or accept animproper benefit, whether on the professional engineer’s behalf or on behalf ofanother person.

16 Duty to maintain confidentiality(1) A registered professional engineer must not disclose confidential information

acquired in the course of being a professional engineer except—(a) with the content of the person to whom the duty of confidentiality is owed, or(b) where the disclosure is otherwise authorised or required by law.

Page 70



(2) A registered professional engineer must not use confidential information acquired inthe course of being a registered professional engineer to secure an improper benefitfor the professional engineer or a relative or close associate of the professionalengineer.

(3) A registered professional engineer must take all reasonable steps to ensure thatconfidential information acquired in the course of being a registered professionalengineer is held securely by the professional engineer, including in relation to a clientof the professional engineer.

17 Duty not to misinform or mislead(1) A registered professional engineer must not misinform or mislead a person about a

matter relating to the carrying out of professional engineering work.(2) A registered professional engineer must take all reasonable steps to ensure that a

client of the professional engineer is made aware of a matter affecting the registrationof the professional engineer that may impact on the carrying out of professionalengineering work.

(3) A registered professional engineer must not misrepresent the professional engineer’squalifications, experience or expertise to a person.

18 Duty to manage and resolve disputes(1) A registered professional engineer must take all reasonable steps to manage and

resolve disputes with a client of the professional engineer that relate to the carryingout of professional engineering work.

(2) A registered professional engineer must advise a client or prospective client of theprofessional engineer of any process in place for the resolution of disputes before, oras soon as practicable after, carrying out professional engineering work for the client.

19 Duties regarding supervision of other personsA registered professional engineer who directly supervises a person who is notregistered as a professional engineer (an unregistered person) must ensure that theunregistered person does not carry out professional engineering work under thedirect supervision of the registered professional engineer unless—(a) the work is within the professional engineer’s competence and expertise, and(b) the work is carried out competently, and(c) the work is carried out in accordance with the requirements prescribed by the

Act and this Regulation, including this code of practice, or another Act or law.

Page 71


Design and Building Practitioners Regulation 2020 [NSW]Schedule 5 Penalty notice offences

Schedule 5 Penalty notice offences1 Application of Schedule

(1) For the purposes of section 94 of the Act—(a) each offence created by a provision specified in this Schedule is an offence for

which a penalty notice may be issued, and(b) the amount payable for the penalty notice is the amount specified opposite the

provision.(2) If the provision is qualified by words that restrict its operation to limited kinds of

offences or to offences committed in limited circumstances, the penalty notice maybe issued only for—(a) that limited kind of offence, or(b) an offence committed in those limited circumstances.

Column 1 Column 2 Column 3

Provision Penalty—individuals

Penalty—body corporates

Offences under the ActSection 9(1) $5,500 $16,500Section 9(2) $5,500 $16,500Section 9(3) $5,500 $16,500Section 9(4) $5,500 $16,500Section 9(5) $5,500 $16,500Section 10 $5,500 $16,500Section 11(1) $1,500 $5,000Section 12(1) $5,500 $16,500Section 12(2) $5,500 $16,500Section 13 $5,500 $16,500Section 14(1) $1,500 $5,000Section 15(1) $1,500 $5,000Section 16(4) $1,500 $3,000Section 17(1) $5,500 $16,500Section 17(2) $5,500 $16,500Section 17(5) $1,500 $5,000Section 22(2) $11,000 $25,000Section 23 $5,500 $16,500Section 24(1) $1,500 $5,000Section 28(1) $3,000 —Section 28(2) — $11,000Section 32(1) $5,500 $16,500Section 33(1) $1,500 $5,000

Page 72


Design and Building Practitioners Regulation 2020 [NSW]Schedule 5 Penalty notice offences

Section 51(4) $1,500 $3,000Section 56, including the code of practice in the Design and Building Practitioners Regulation 2020, Schedule 4, but only for clauses 6(3), 7(1), 15(3) and 16(1)

$1,500 $5,000

Section 57(1) $1,500 $5,000Section 58(b) $1,500 $5,000Section 59(1) $750 $1,500Section 60 $1,500 $3,000Section 67 $3,000 —Section 105(4) $1,500 $5,000Offences under this Regulation

Clause 16(2) $1,500 $3,000Clause 17(2) $1,500 $3,000Clause 22 $1,500 $3,000Clause 23 $1,500 $3,000Clause 73(6) $1,500 $3,000

Column 1 Column 2 Column 3

Provision Penalty—individuals

Penalty—body corporates

Page 73


Design and Building Practitioners Regulation 2020 [NSW]Schedule 6 Forms

Schedule 6 FormsForm 1 Design compliance declaration

(Clause 7)

Instructions for completing this formYou must complete Parts 1 and 4 of this form. You must complete Part 2 of this form if you are completingthis form in relation to one regulated design. You must complete Part 3 of this form if you are completingthis form in relation to multiple regulated designs.If this form is being completed in relation to multiple regulated designs, details must be given in Part 3 ofthis form in relation to each regulated design to which this form applies.Where this form requires you to summarise information on which you intend to rely to support your answer,you must describe that information in sufficient detail for the Secretary to fully understand the basis of youranswer.Where this form indicates that material must be attached to the form, you must number each attachmentsequentially and identify the number of that attachment in the relevant answer on this form.If you answer a question with “No” or “Not applicable”, you must clearly outline the reasons for why theanswer was given.

Part 1 DetailsName [for registered body corporates, give full names of the registered individuals and the corporation onbehalf of which the design compliance declaration is made]—Registration number—ABN/ACN—Email address—Phone—Drawing title— [if declaring multiple designs, list the details for each design]—Drawing number— [if declaring multiple designs, list the details for each design]—Variation number— [if declaring multiple designs, list the details for each design]—

Part 2 Declaration matters—one regulated designI, [Name], [Title], [acting on behalf of Corporation Name] have prepared the attached regulated design.I declare—1. My class of registration authorises me to prepare the class of regulated design for which this design

compliance declaration is being made—

2. The regulated design complies with the requirements of the Building Code of Australia—

3. The regulated design integrates details of other aspects of building work to which the design relates,and other regulated designs for the work, in order to achieve compliance with the Building Code ofAustralia—

If yes, provide details or attach information about the other regulated designs that have beenintegrated into the regulated design for which this design compliance declaration is being made.

4. Other standards, codes or requirements have been applied in preparing the regulated design—

Yes No

Yes No

Yes No

Page 74



If yes, provide details or attach information about the standards, codes or requirements that havebeen applied.

5. The matters to which this declaration relates, including the preparation of the regulated design, arewithin my competence and expertise—

6. A building product referred to in the regulated design would, if used in a manner consistent with thedesign, achieve compliance with the Building Code of Australia—

If yes, describe or attach information about how the building product would achieve compliance withthe Building Code of Australia, including the relevant provisions of the Building Code of Australia.

7. I have sought and considered specialist advice in preparing the regulated design—

If yes, provide the name and contact details of the person who provided you with specialist advice.

Part 3 Declaration matters—multiple regulated designsI, [Name], [Title], [acting on behalf of Corporation Name] have prepared the attached regulated designs.I declare—1. My class of registration authorises me to prepare the class or classes of regulated designs for which

this design compliance declaration is being made—

2. Each regulated design for which this design compliance declaration is being made complies with therequirements of the Building Code of Australia—

3. Each regulated design for which this design compliance declaration is being made integrates detailsof other aspects of building work to which the design relates, and other regulated designs for thework, in order to achieve compliance with the Building Code of Australia—

If yes, provide details or attach information about the other regulated designs that have beenintegrated into the regulated design for which this design compliance declaration is being made.

4. Other standards, codes or requirements have been applied in preparing one or more of the regulateddesigns—

Yes No

Yes No

Yes No Not applicable


Yes No

Yes No

Yes No

Yes No

Page 75



If yes, provide details or attach information about the standards, codes or requirements that havebeen applied.

5. The matters to which this declaration relates, including the preparation of each regulated design, arewithin my competence and expertise—

6. A building product referred to in each regulated design would, if used in a manner consistent withthe design, achieve compliance with the Building Code of Australia—

If yes, describe or attach information about how the building product would achieve compliance withthe Building Code of Australia, including the relevant provisions of the Building Code of Australia.

7. I have sought and considered specialist advice in preparing each regulated design—

If yes, provide the name and contact details of the person who provided you with specialist advice.

Part 4 SignatureSignature—Title—Date—

Yes No



Page 76


Design and Building Practitioners Regulation 2020 [NSW] Dictionary

Dictionary(Clause 3)

accredited, for Schedule 2, Part 5—see Schedule 2, clause 21.approved arrangement, for Part 6—see clause 60.approved manner, in relation to regulated designs, compliance declarations and other documentsthat are provided to the Secretary under Part 3, means—(a) lodgment on the NSW planning portal, or(b) if a registered practitioner is unable to access the NSW planning portal to lodge a copy of a

document for technical or other reasons—provision of the document to the Secretary withinthe period specified by the particular clause.

area of civil engineering means an area of engineering that involves the research, design,construction and maintenance of the built environment.area of electrical engineering means an area of engineering that involves equipment, devices,plant and systems that use electricity, electronics and electromagnetism.area of fire safety engineering means an area of engineering that involves the application ofengineering principles and rules to the following—(a) the fire performance of a material, structure or building,(b) the selection of a fire system suitable for a particular building, including components of the

systems,(c) the safety and behaviour of a person in the event of a fire,(d) the prevention, detection and suppression of fire.area of geotechnical engineering means an area of engineering that involves the mechanics ofsoil and rock and the application of the mechanics to the design and construction of foundations,retaining structures, shoring excavations, and ground bearing structures for buildings and othersystems constructed of, or supported by, soil or rock.area of mechanical engineering means an area of engineering that involves work carried out inrelation to devices, machines, structures, processes and systems involving mechanical elements. area of structural engineering means an area of engineering that involves the understanding,prediction and calculation of—(a) the stability, strength and rigidity of built structures, and(b) how structures and buildings resist and transfer natural and other forces.assessing authority, for Schedule 2, Part 5—see Schedule 2, clause 21.Australian university, for Schedule 2—see Schedule 2, clause 1.client, for Schedule 4—see Schedule 4, clause 4.complying development certificate has the same meaning as in the Environmental Planning andAssessment Act 1979.construction certificate has the same meaning as in the Environmental Planning and AssessmentAct 1979.construction issued regulated design means a regulated design for which a design compliancedeclaration is provided that—(a) contains the necessary detail to produce building work that would achieve compliance with

the Building Code of Australia, including detail specifying— (i) the proposed dimensions of the completed building, and

(ii) the characteristics and materials comprising the proposed building, and(iii) the location of the building elements and systems proposed to be built, and

Page 77



(b) can be used by a building practitioner to carry out the work in accordance with the regulateddesign and the Building Code of Australia.

design work, for Part 6—see clause 53.fire safety system has the same meaning as in the Building Code of Australia.Guidelines, for Schedule 3—see Schedule 3, clause 1.improper benefit, for Schedule 4—see Schedule 4, clause 1.insured person, for Part 6—see clause 53.liability, for Part 6—see clause 53.low rise building means a class 2 building or a building containing a class 2 part that has amaximum gross floor area of no more than 2,000m2, but does not include a building that is TypeA or Type B construction.major, for Schedule 2—see Schedule 2, clause 1.medium rise building means the following classes of building, but does not include a building thatis Type A construction for the purposes of a class 4, 5, 6, 7a, 7b and 8 building—(a) class 2 building or a building containing a class 2 part that has a rise in storeys of no more

than 3,(b) for a building that has 1 storey classified as 7a building—a class 2 building or a building

containing a class 2 part that has a rise in storeys of no more than 4.NSW planning portal has the same meaning as in the Environmental Planning and AssessmentAct 1979.NVR approved, in relation to a qualification, means a qualification from an NVR registeredtraining organisation within the meaning of the National Vocational Education and TrainingRegulator Act 2011 of the Commonwealth that has the qualification listed on its scope ofregistration on the National Register under that Act.performance requirements has the same meaning as in the Building Code of Australia.prescribed applicant, for Part 8, Division 2—see clause 85.prescribed area of engineering has the same meaning as in section 32 of the Act and includes theparticular areas of engineering that are prescribed by this Regulation.prescribed practitioner means a registered design practitioner, a registered principal designpractitioner or a registered building practitioner.principal design work, for Part 6—see clause 53.professional indemnity policy, for Part 6—see clause 53.professional standards scheme means a scheme approved by the Professional Standards Councilwithin the meaning of the Professional Standards Act 1994.recent, for Schedule 2—see Schedule 2, clause 1.recognised engineering body means a professional body of engineers for the time beingrecognised by the Secretary as a recognised engineering body.recognition function, for Part 5—see clause 38.recognition or registration scheme—see clause 38.registered employee, for Part 6—see clause 53.registered individual, for Part 6—see clause 53.registered partner, for Part 6—see clause 53.relevant, for Schedule 2—see Schedule 2, clause 1.relevant authorisation means—(a) registration as an architect under the Architects Act 2003, or(b) registration as a certifier under the Building and Development Certifiers Act 2018, or

Page 78



(c) a contractor licence, endorsed contractor licence, supervisor certificate, tradespersoncertificate or owner-builder permit under the Home Building Act 1989.

relevant education and training, for Schedule 3—see Schedule 3, clause 1.relevant work, for Schedule 4—see Schedule 4, clause 1.rise in storeys has the same meaning as in the Building Code of Australia and relates to the wholebuilding and not to a new part of the building.skilled occupation, for Schedule 2, Part 5—see Schedule 2, clause 21.suitably authorised, in relation to a registered design practitioner or registered principal designpractitioner, means a registered design practitioner or a registered principal design practitionerwho is authorised by the practitioner’s registration to provide a declaration as to the matters towhich the declaration relates.the Act means the Design and Building Practitioners Act 2020.transitional period, for Part 8, Division 2—see clause 85.Type A construction and Type B construction have the same meanings as in the Building Codeof Australia.variation statement—see clause 26.Washington Accord, for Schedule 2, clause 16 and Schedule 2, Part 5—see Schedule 2, clause 21.

Page 79

Date post:	16-Oct-2021
Category:	Documents
Upload:	others
View:	1 times
Download:	0 times

Design and Building Practitioners Regulation 2020

Documents